15XG Commonwealth authorisations of the acquisition or use of assumed identities
(1) An authorising person of a Commonwealth participating agency may, if satisfied that it is appropriate to do so, authorise a person to do either or both of the following:
(a) acquire evidence of an assumed identity from:
(i) any Commonwealth agency; or
(ii) any non-government body;
(b) use the assumed identity.
(2) However, the authorising person may only authorise the use of the assumed identity in a foreign country if he or she is satisfied that it is reasonably necessary to do so.
(3) An authorising person of a Commonwealth participating agency may, if satisfied that it is reasonably necessary to do so, authorise a foreign officer to do either or both of the following:
(a) acquire evidence of an assumed identity from:
(i) any Commonwealth agency; or
(ii) any non-government body;
(b) use an assumed identity.
15XH State or Territory authorisations of the acquisition or use of assumed identities
(1) An authorising person of a State or Territory participating agency may, if satisfied that it is appropriate to do so, authorise a person (other than a foreign officer) to do either or both of the following:
(a) acquire evidence of an assumed identity from any Commonwealth agency;
(b) use the assumed identity.
Note: Only a Commonwealth participating agency can authorise a foreign officer to acquire evidence of, or use, an assumed identity: see subsection 15XG(3).
(2) However, the authorising person may only authorise the use of the assumed identity in a foreign country if he or she is satisfied that it is reasonably necessary to do so.
15XI Contents of an authorisation for an assumed identity
(1) An authorisation to acquire evidence of, and use, an assumed identity must be in writing and signed by the authorising person.
(2) The authorisation must specify:
(a) the authorising person’s name; and
(b) the date on which the authorisation is given; and
(c) if the person who is authorised to acquire or use the assumed identity is an officer in the authorising person’s participating agency or a foreign officer—that officer’s name; and
(d) if the person who is authorised to acquire or use the assumed identity is not such an officer:
(i) the name of the person who is authorised to acquire or use the assumed identity; and
(ii) the name of the officer in the authorising person’s participating agency who will supervise that acquisition or use; and
(e) details of the assumed identity which the authorisation covers; and
(f) all Commonwealth agencies or non-government bodies who are to be requested to issue evidence of the assumed identity; and
(g) details of each such request; and
(h) the reasons for the need to use the assumed identity; and
(i) whether the assumed identity can be used in a foreign country and the reasons for the need for this use; and
(j) any conditions to which the authorisation is subject, including in relation to use in a foreign country.
(3) An authorisation can cover more than one assumed identity.
15XJ When an authorisation is in force
An authorisation is in force until it is revoked.
15XK Variation and revocation of authorisations
(1) An authorising person who issues an authorisation, or any other authorising person in the same participating agency, may vary or revoke the authorisation at any time.
(2) The approved officer or approved person covered by the authorisation must be given a written notice of the variation or revocation.
(3) The notice must state:
(a) the date from which the variation or revocation takes effect; and
(b) the nature of the variation (if any); and
(c) the reasons for the variation or revocation.
