CRIMES (ASSUMED IDENTITIES) BILL 2004

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CRIMES (ASSUMED IDENTITIES) BILL 2004

PARLIAMENT OF VICTORIA Crimes (Assumed Identities) Act 2004 Victorian Legislation and Parliamentary Documents Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Definitions 2 PART 2--AUTHORITY FOR ASSUMED IDENTITY 6 4. Application for authority to acquire or use assumed identity 6 5. Determination of applications 7 6. Form of authority 9 7. Period of authority 10 8. Variation or cancellation of authority 10 9. Yearly review of authority 11 10. Making entries in register of births, deaths and marriages 11 11. Cancellation of authority affecting entry in register of births, deaths and marriages 12 12. Cancelling entries in register of births, deaths and marriages 13 PART 3--EVIDENCE OF ASSUMED IDENTITY 14 13. Request for evidence of assumed identity 14 14. Government issuing agencies to comply with request 14 15. Non-government issuing agencies may comply with request 14 16. Cancellation of evidence of assumed identity 15 17. Protection from criminal liability--officers of issuing agencies 15 18. Indemnity for issuing agencies and officers 15 PART 4--EFFECT OF AUTHORITY 17 19. Assumed identity may be acquired and used 17 20. Protection from criminal liability--authorised persons 17 21. Indemnity for authorised persons 18 22. Particular qualifications 18 23. Effect of being unaware of variation or cancellation of authority 19 i 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Clause Page PART 5--MUTUAL RECOGNITION 20 24. Requests to a participating jurisdiction for evidence of assumed Victorian Legislation and Parliamentary Documents identity 20 25. Requests from a participating jurisdiction for evidence of assumed identity 20 26. Directions from a participating jurisdiction to cancel evidence of assumed identity 21 27. Indemnity for issuing agencies and officers 21 28. Application of this Act to authorities under corresponding laws 22 PART 6--COMPLIANCE AND MONITORING 23 Division 1--Misuse of Assumed Identity and Information 23 29. Misuse of assumed identity 23 30. Disclosing information about assumed identity 24 Division 2--Reporting and Record-keeping 25 31. Reports about authorities for assumed identities etc. 25 32. Record keeping 26 33. Audit of records 27 PART 7--GENERAL 29 34. Delegation of chief officer's functions 29 35. Regulation-making power 30 36. Transitional provisions 30 ENDNOTES 32 INDEX 33 ii 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

PARLIAMENT OF VICTORIA Initiated in Assembly 31 March 2004 Victorian Legislation and Parliamentary Documents A BILL to provide for the lawful acquisition and use of assumed identities for law enforcement purposes and the recognition of things done in relation to assumed identities in other jurisdictions and for other purposes. Crimes (Assumed Identities) Act 2004 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose (1) The main purpose of this Act is to facilitate, for law enforcement purposes, investigations and 5 intelligence gathering in relation to criminal activity, including investigations extending beyond Victoria. 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004 1

Crimes (Assumed Identities) Act 2004 Act No. Part 1--Preliminary s. 2 (2) The main ways in which that purpose is to be achieved under this Act include-- Victorian Legislation and Parliamentary Documents (a) providing for the lawful acquisition and use of assumed identities; and 5 (b) facilitating mutual recognition of things done in relation to assumed identities under corresponding laws. 2. Commencement This Act comes into operation on a day or days to 10 be proclaimed. 3. Definitions In this Act-- "acquire" an assumed identity, means acquire evidence of the identity and includes taking 15 steps towards acquiring evidence of the identity; "agency" means-- (a) an issuing agency; or (b) a law enforcement agency; 20 "Australian Crime Commission" means Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; "authorised civilian" means a person (other than 25 a law enforcement officer) who is authorised under an authority to acquire or use an assumed identity; "authorised officer" means a law enforcement officer who is authorised under an authority 30 to acquire or use an assumed identity; 2 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 1--Preliminary s. 3 "authorised person" means-- (a) an authorised civilian; or Victorian Legislation and Parliamentary Documents (b) an authorised officer; "authority" means an authority granted under 5 section 5 to acquire and use an assumed identity, including the authority as varied under section 8; "chief officer"-- (a) of a law enforcement agency, means-- 10 (i) in relation to Victoria Police--the Chief Commissioner of Police; (ii) in relation to the Australian Crime Commission--the Chief Executive Officer of the 15 Australian Crime Commission; (b) of an issuing agency--means the chief executive officer (however described) of the agency; "conduct" includes any act or omission; 20 "corresponding authority" means-- (a) an authority under a corresponding law to acquire or use an assumed identity in this jurisdiction; or (b) an authority under a corresponding law 25 to request the production of evidence of an assumed identity; "corresponding law" means a law of another jurisdiction that is declared by the regulations to correspond to this Act; 3 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 1--Preliminary s. 3 "criminal activity" means conduct that involves the commission of an offence by one or more persons; Victorian Legislation and Parliamentary Documents "doing" a thing, includes failing to do the thing; 5 "evidence" of identity, means a document or other thing that evidences or indicates, or can be used to evidence or indicate, a person's identity or any aspect of a person's identity; "government issuing agency", in relation to an 10 authority, means any of the following named in the authority that issues evidence of identity-- (a) a person or body (whether incorporated or not) that performs any function of 15 the government of this jurisdiction; or (b) a person or body (whether incorporated or not) prescribed by the regulations for the purposes of this definition; "issuing agency" means-- 20 (a) a government issuing agency; or (b) a non-government issuing agency; "jurisdiction" means the Commonwealth or a State or Territory of the Commonwealth; "law enforcement agency" means the following 25 agencies-- (a) Victoria Police; (b) the Australian Crime Commission; "law enforcement officer" means-- (a) in relation to Victoria Police--a 30 member of Victoria Police; 4 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 1--Preliminary s. 3 (b) in relation to the Australian Crime Commission--a member of staff of the Australian Crime Commission-- Victorian Legislation and Parliamentary Documents and includes a person who is seconded to a 5 law enforcement agency, including (but not limited to) a member of the police force or police service or a police officer (however described) of another jurisdiction; "member" of Victoria Police, means a member 10 of the force within the meaning of the Police Regulation Act 1958; "non-government issuing agency", in relation to an authority, means a person, body or entity (other than a government issuing agency) 15 named in the authority that issues evidence of identity; "officer" of an agency, includes a person employed or engaged in the agency; "participating jurisdiction" means a jurisdiction 20 in which a corresponding law is in force; "supervisor" of an authorised civilian--means the law enforcement officer who supervises or is to supervise the acquisition or use of an assumed identity by the authorised civilian; 25 "this jurisdiction" means Victoria; "use" an assumed identity, includes representing (whether expressly or impliedly, or by saying or doing something) the identity to be real when it is not; 30 "Victoria Police" means the force within the meaning of the Police Regulation Act 1958. __________________ 5 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 2--Authority for Assumed Identity s. 4 PART 2--AUTHORITY FOR ASSUMED IDENTITY Victorian Legislation and Parliamentary Documents 4. Application for authority to acquire or use assumed identity (1) A law enforcement officer of a law enforcement 5 agency may apply to the chief officer of the agency for an authority for the law enforcement officer or any other person to do either or both of the following-- (a) acquire an assumed identity; 10 (b) use an assumed identity. (2) A separate application must be made in respect of each assumed identity to be acquired or used. (3) An application-- (a) must be in writing in the form approved by 15 the chief officer; and (b) must contain-- (i) the name of the applicant; and (ii) the name of the person to be authorised to acquire or use an assumed identity (if 20 not the applicant); and (iii) if the person referred to in sub- paragraph (ii) is not a law enforcement officer--the name and rank or position of the person proposed to be appointed 25 as supervisor and an explanation of why it is necessary for a person who is not a law enforcement officer to acquire or use the assumed identity; and (iv) details of the proposed assumed 30 identity; and (v) reasons for the need to acquire or use an assumed identity; and 6 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 2--Authority for Assumed Identity s. 5 (vi) details of the investigation or intelligence-gathering exercise in which the assumed identity will be used (to Victorian Legislation and Parliamentary Documents the extent known); and 5 (vii) details of any issuing agencies and the types of evidence to be issued by them; and (viii) details of any application to be made for an order under section 10 (making 10 entries in register of births, deaths or marriages) in respect of the assumed identity. (4) The chief officer may require the applicant to furnish any additional information concerning the 15 application that is necessary for the chief officer's proper consideration of the application. Note: The chief officer may delegate functions under this section--see section 34. 5. Determination of applications 20 (1) After considering an application for an authority to acquire or use an assumed identity, and any additional information under section 4(4), the chief officer-- (a) may grant an authority to acquire or use the 25 assumed identity, either unconditionally or subject to conditions; or (b) may refuse the application. (2) An authority to acquire or use an assumed identity may not be granted unless the chief officer is 30 satisfied on reasonable grounds-- (a) that the assumed identity is necessary for the purposes of an investigation or intelligence gathering in relation to criminal activity; and 7 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 2--Authority for Assumed Identity s. 5 (b) that the risk of abuse of the assumed identity by the authorised person is minimal; and Victorian Legislation and Parliamentary Documents (c) if the application is for authorisation of an assumed identity for a person who is not a 5 law enforcement officer--that it would be impossible or impracticable in the circumstances for a law enforcement officer to acquire or use the assumed identity for the purpose sought. 10 (3) If an authority is granted for an authorised civilian, the chief officer must appoint a law enforcement officer of the law enforcement agency to supervise the acquisition or use of the assumed identity by the authorised civilian. 15 (4) The law enforcement officer appointed as supervisor must be of or above the rank of-- (a) sergeant, in the case of Victoria Police; (b) senior investigator, in the case of the Australian Crime Commission. 20 (5) An authority may also authorise any one or more of the following-- (a) an application for an order for an entry in a register of births, deaths or marriages under section 10 or a corresponding law; 25 (b) a request under section 13 or 24; (c) the use of an assumed identity in a participating jurisdiction. (6) A separate authority is required for each assumed identity. 30 Note: The chief officer may delegate functions under this section--see section 34. 8 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 2--Authority for Assumed Identity s. 6 6. Form of authority (1) An authority must be-- Victorian Legislation and Parliamentary Documents (a) in writing in the form approved by the chief officer; and 5 (b) signed by the person granting it. (2) An authority must state the following-- (a) the name of the person granting the authority; and (b) the date of the authority; and 10 (c) details of the assumed identity authorised; and (d) details of any evidence of the assumed identity that may be acquired under the authority; and 15 (e) the conditions (if any) to which the authority is subject; and (f) why the authority is granted; and (g) if the authority relates to an authorised officer--the name of the officer; and 20 (h) if the authority relates to an authorised civilian-- (i) the name of the authorised civilian; and (ii) the name of his or her supervisor under the authority; and 25 (iii) the period for which the authority will remain in force, being a period not exceeding 3 months. (3) The authority must also state the following-- (a) each issuing agency to which a request may 30 be made under section 13 or 24; and 9 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 2--Authority for Assumed Identity s. 7 (b) whether it authorises an application for an order for an entry in a register of births, deaths or marriages under section 10 or a Victorian Legislation and Parliamentary Documents corresponding law; and 5 (c) each participating jurisdiction in which an assumed identity may be used. Note: The chief officer may delegate functions under this section--see section 34. 7. Period of authority 10 (1) An authority for an authorised officer remains in force until cancelled under section 8. (2) An authority for an authorised civilian remains in force until the end of the period specified in the authority in accordance with section 6(2)(h)(iii), 15 unless the authority is cancelled sooner under section 8. 8. Variation or cancellation of authority (1) The chief officer who grants an authority-- (a) may vary or cancel the authority at any time; 20 and (b) must cancel the authority if the chief officer is satisfied (on a review under section 9 or otherwise) that use of the assumed identity is no longer necessary. 25 (2) The chief officer must give written notice of the variation or cancellation to-- (a) the authorised person to whom it relates; and (b) if the authorised person is an authorised civilian--the authorised person's supervisor. 30 (3) The notice must state why the authority is varied or cancelled. 10 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 2--Authority for Assumed Identity s. 9 (4) The variation or cancellation takes effect-- (a) on the day the written notice is given to the Victorian Legislation and Parliamentary Documents authorised person; or (b) if a later date of effect is stated in the 5 notice--on the day stated. Note: The chief officer may delegate functions under this section--see section 34. 9. Yearly review of authority (1) The chief officer must periodically review each 10 authority granted by the chief officer or a delegate of the chief officer under this Act. (2) A review of an authority under this section is to be conducted at least once every 12 months. (3) The purpose of a review is to determine whether 15 use of the assumed identity under the authority is still necessary. (4) If the chief officer is satisfied on a review that use of the assumed identity under the authority is no longer necessary, he or she must cancel the 20 authority under section 8. (5) If the chief officer is satisfied on a review that use of the assumed identity under the authority is still necessary, he or she must record his or her opinion, and the reasons for it, in writing. 25 Note: The chief officer may delegate functions under this section--see section 34. 10. Making entries in register of births, deaths and marriages (1) The Supreme Court may order the Registrar of 30 Births, Deaths and Marriages to make an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 in relation to the acquisition of an assumed identity under an authority or corresponding authority. 11 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 2--Authority for Assumed Identity s. 11 (2) The Court may make the order only-- (a) on application by-- Victorian Legislation and Parliamentary Documents (i) the chief officer of a law enforcement agency; or 5 (ii) the chief officer of a law enforcement agency under a corresponding law; and (b) if satisfied the order is justified having regard to the nature of the activities undertaken or to be undertaken by the officer 10 or person under the authority or corresponding authority. (3) The application must be heard in closed court. (4) The Registrar of Births, Deaths and Marriages must give effect to an order-- 15 (a) within the period stated in the order; or (b) if no period is stated in the order--within 28 days after the day the order is made. Note: The chief officer may delegate functions under this section--see section 34. 20 11. Cancellation of authority affecting entry in register of births, deaths and marriages (1) This section applies if-- (a) the chief officer cancels an authority for an assumed identity; and 25 (b) there is an entry in relation to that identity-- (i) in the Register under the Births, Deaths and Marriages Registration Act 1996 because of an order under section 10; or 30 (ii) in a register of births, deaths or marriages in a participating jurisdiction because of an order under a corresponding law of the jurisdiction. 12 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 2--Authority for Assumed Identity s. 12 (2) If sub-section (1)(b)(i) applies, the chief officer must apply for an order under section 12 within 28 days after the day the authority is cancelled. Victorian Legislation and Parliamentary Documents (3) If sub-section (1)(b)(ii) applies, the chief officer 5 must apply for an order under the corresponding law to cancel the entry within 28 days after the day the authority is cancelled. 12. Cancelling entries in register of births, deaths and marriages 10 (1) The Supreme Court may order the Registrar of Births, Deaths and Marriages to cancel an entry that has been made in the Register under the Births, Deaths and Marriages Registration Act 1996 under an order under section 10. 15 (2) The Court may make the order only on application by the chief officer who applied for the order under section 10. (3) The application must be heard in closed court. (4) The Registrar of Births, Deaths and Marriages 20 must give effect to the order within 28 days after the day the order is made. __________________ 13 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 3--Evidence of Assumed Identity s. 13 PART 3--EVIDENCE OF ASSUMED IDENTITY Victorian Legislation and Parliamentary Documents 13. Request for evidence of assumed identity (1) This section applies if an authority granted under section 5 authorises a request under this section. 5 (2) The chief officer who grants the authority may request the chief officer of an issuing agency stated in the authority to-- (a) produce evidence of an assumed identity in accordance with the authority; and 10 (b) give evidence of the assumed identity to the authorised person named in the authority. (3) The request must state a reasonable period for compliance with the request. (4) A request cannot be made under this section for an 15 entry in the Register under the Births, Deaths and Marriages Registration Act 1996. (5) In this section-- "evidence" means evidence similar to that ordinarily produced or given by the issuing 20 agency. Note: The chief officer may delegate functions under this section--see section 34. 14. Government issuing agencies to comply with request The chief officer of a government issuing agency 25 who receives a request under section 13 must comply with the request within the reasonable period stated in the request. 15. Non-government issuing agencies may comply with request 30 The chief officer of a non-government issuing agency who receives a request under section 13 may comply with the request. 14 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 3--Evidence of Assumed Identity s. 16 16. Cancellation of evidence of assumed identity (1) The chief officer of an issuing agency who Victorian Legislation and Parliamentary Documents produces evidence of an assumed identity under this Part must cancel the evidence if directed in 5 writing to do so by the chief officer who requested the evidence. (2) In this section-- "cancel" includes delete or alter an entry in a record of information. 10 17. Protection from criminal liability--officers of issuing agencies The chief officer, or an officer, of an issuing agency (whether government or non-government) who does something that, apart from this section, 15 would be an offence, is not criminally responsible for the offence if the thing is done to comply with a request under section 13 or a direction under section 16. 18. Indemnity for issuing agencies and officers 20 (1) This section applies if the chief officer of a law enforcement agency makes a request under section 13 or gives a direction under section 16 to the chief officer of an issuing agency, whether government or non-government. 25 (2) The law enforcement agency must indemnify the issuing agency, or an officer of the agency, for any liability incurred by the agency or officer (including reasonable costs) if-- (a) the liability is incurred because of something 30 done by the agency or officer to comply with the request or direction in the course of duty; and 15 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 3--Evidence of Assumed Identity s. 18 (b) any requirements prescribed under the regulations have been met. Victorian Legislation and Parliamentary Documents __________________ 16 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 4--Effect of Authority s. 19 PART 4--EFFECT OF AUTHORITY Victorian Legislation and Parliamentary Documents 19. Assumed identity may be acquired and used (1) An authorised officer may acquire or use (or both) an assumed identity if the acquisition or use (or 5 both) are-- (a) in accordance with an authority; and (b) in the course of duty. (2) An authorised civilian may acquire or use (or both) an assumed identity if the acquisition or use 10 (or both) are in accordance with-- (a) an authority; and (b) any direction by the person's supervisor under the authority. 20. Protection from criminal liability--authorised 15 persons If an authorised person does something (whether in this jurisdiction or elsewhere) that, apart from this section, would be an offence, the officer or person is not criminally responsible for the 20 offence if-- (a) the thing is done in the course of acquiring or using an assumed identity in accordance with an authority; and (b) the thing is done-- 25 (i) in the case of an authorised officer--in the course of his or her duty; or (ii) in the case of an authorised civilian--in accordance with any direction by his or her supervisor under the authority; and 30 (c) doing the thing would not be an offence if the assumed identity were the person's real identity. 17 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 4--Effect of Authority s. 21 21. Indemnity for authorised persons (1) This section applies if the chief officer of a law Victorian Legislation and Parliamentary Documents enforcement agency grants an authority. (2) The law enforcement agency must indemnify the 5 authorised person under the authority for any liability incurred by the person (including reasonable costs) because of something done by the person (whether in this jurisdiction or elsewhere) if-- 10 (a) the thing is done in the course of acquiring or using an assumed identity in accordance with the authority; and (b) the thing is done-- (i) in the case of an authorised officer--in 15 the course of his or her duty; or (ii) in the case of an authorised civilian--in accordance with any direction by his or her supervisor under the authority; and (c) any requirements prescribed under the 20 regulations have been met. 22. Particular qualifications (1) Sections 20 and 21 do not apply to anything done by an authorised person if-- (a) a particular qualification is needed to do the 25 thing; and (b) the person does not have that qualification. (2) Sub-section (1) applies whether or not the person has acquired, as evidence of an assumed identity, a document that indicates that he or she has that 30 qualification. 18 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 4--Effect of Authority s. 23 23. Effect of being unaware of variation or cancellation of authority Victorian Legislation and Parliamentary Documents (1) If an authority has been varied in a way that limits its scope, this Part continues to apply to the 5 authorised person to whom it relates as if it had not been varied in that way, for as long as the person-- (a) is unaware of the variation; and (b) is not reckless about the existence of the 10 variation. (2) If an authority has been cancelled, this Part continues to apply to the authorised person to whom it related as if it had not been cancelled, for as long as the person-- 15 (a) is unaware of the cancellation; and (b) is not reckless about the existence of the cancellation. (3) For the purposes of this section, a person is reckless about the existence of the variation or 20 cancellation of an authority if-- (a) the person is aware of a substantial risk that the authority has been varied or cancelled; and (b) having regard to the circumstances known to 25 the person, it is unjustifiable to take the risk. __________________ 19 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 5--Mutual Recognition s. 24 PART 5--MUTUAL RECOGNITION Victorian Legislation and Parliamentary Documents 24. Requests to a participating jurisdiction for evidence of assumed identity (1) This section applies if an authority granted under 5 section 5 authorises a request under this section. (2) The chief officer who grants the authority may request the chief officer of an issuing agency of a participating jurisdiction stated in the authority to-- 10 (a) produce evidence of the assumed identity in accordance with the authority; and (b) give evidence of the assumed identity to the authorised person named in the authority. Note: The chief officer may delegate functions under this 15 section--see section 34. 25. Requests from a participating jurisdiction for evidence of assumed identity (1) This section applies if-- (a) an authority under a corresponding law 20 authorises a request for-- (i) the production of evidence of an assumed identity in this jurisdiction; and (ii) the giving of evidence of the assumed 25 identity to the authorised person named in the authority; and (b) the request is made to the chief officer of an issuing agency of this jurisdiction; and (c) the request states a reasonable period for 30 compliance with the request. 20 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 5--Mutual Recognition s. 26 (2) The chief officer of a government issuing agency who receives the request must comply with the request within the reasonable period stated in the Victorian Legislation and Parliamentary Documents request. 5 (3) The chief officer of a non-government issuing agency who receives the request may comply with the request. 26. Directions from a participating jurisdiction to cancel evidence of assumed identity 10 (1) The chief officer of an issuing agency who produces evidence of an assumed identity because of a request mentioned in section 25 must cancel the evidence if directed in writing to do so by the chief officer who made the request. 15 (2) In this section-- "cancel" includes delete or alter an entry in a record of information. 27. Indemnity for issuing agencies and officers (1) This section applies if the chief officer of a law 20 enforcement agency makes a request to the chief officer of an issuing agency of a participating jurisdiction under section 24. (2) The law enforcement agency must indemnify the issuing agency and any officer of the issuing 25 agency, for any liability incurred by the agency or officer (including reasonable costs) if-- (a) the liability is incurred because of something done (whether in this jurisdiction or elsewhere) by the agency or officer to 30 comply with the request in the course of duty; and (b) any requirements prescribed under the regulations have been met. 21 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 5--Mutual Recognition s. 28 28. Application of this Act to authorities under corresponding laws Victorian Legislation and Parliamentary Documents The following provisions apply to anything done in this jurisdiction in relation to a corresponding 5 authority as if it were an authority granted under section 5-- (a) section 17 (Protection from criminal liability--officers of issuing agencies); (b) section 19 (Assumed identity may be 10 acquired and used); (c) section 20 (Protection from criminal liability--authorised persons); (d) section 22 (Particular skills or qualifications); 15 (e) section 23 (Effect of being unaware of variation or cancellation of authority); (f) section 29 (Misuse of assumed identity); (g) section 30 (Disclosing information about assumed identity). __________________ 22 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 6--Compliance and Monitoring s. 29 PART 6--COMPLIANCE AND MONITORING Victorian Legislation and Parliamentary Documents Division 1--Misuse of Assumed Identity and Information 29. Misuse of assumed identity (1) An authorised officer is guilty of an offence if-- 5 (a) he or she intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by his or her authority; and (b) he or she knows that, or is reckless as to 10 whether, the acquisition or use is not-- (i) in accordance with his or her authority; or (ii) in the course of duty. Penalty: Imprisonment for 2 years. 15 (2) An authorised civilian is guilty of an offence if-- (a) he or she intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by his or her authority; and 20 (b) he or she knows that, or is reckless as to whether, the acquisition or use is not in accordance with-- (i) his or her authority; or (ii) the directions of his or her supervisor 25 under the authority. Penalty: Imprisonment for 2 years. 23 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 6--Compliance and Monitoring s. 30 30. Disclosing information about assumed identity (1) A person is guilty of an offence if-- Victorian Legislation and Parliamentary Documents (a) the person intentionally, knowingly or recklessly discloses any information; and 5 (b) the person knows that, or is reckless as to whether, the information reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not the other person's real identity; and 10 (c) the person knows that, or is reckless as to whether, the disclosure is not made-- (i) in connection with the administration or execution of this Act or a corresponding law; or 15 (ii) for the purposes of any legal proceeding arising out of or otherwise related to this Act or a corresponding law or of any report of any such proceedings; or 20 (iii) in accordance with any requirement imposed by law. Penalty: Imprisonment for 2 years. (2) A person is guilty of an offence against this sub- section if the person commits an offence against 25 sub-section (1) in circumstances in which the person-- (a) intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation or intelligence-gathering 30 in relation to criminal activity; or (b) knows that, or is reckless as to whether, the disclosure of the information-- (i) endangers or will endanger the health or safety of any person; or 24 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 6--Compliance and Monitoring s. 31 (ii) prejudices or will prejudice the effective conduct of an investigation or intelligence-gathering in relation to Victorian Legislation and Parliamentary Documents criminal activity. 5 Penalty: Imprisonment for 10 years. (3) An offence against sub-section (2) is an indictable offence. (4) For the purposes of the Freedom of Information Act 1982, information referred to in sub- 10 section (1) is information of a kind to which section 38 of that Act applies. Division 2--Reporting and Record-keeping 31. Reports about authorities for assumed identities etc. (1) As soon as practicable after the end of each 15 financial year, the chief officer of a law enforcement agency must submit a report to the Minister that includes the following information for the year-- (a) the number of authorities granted during the 20 year; and (b) a general description of the activities undertaken by authorised persons when using assumed identities under this Act during the year; and 25 (c) the number of applications for authorities that were refused during the year; and (d) a statement whether or not any fraud or other unlawful activity was identified by an audit under section 33 during the year; and 30 (e) any other information relating to authorities and assumed identities and the administration of this Act that the Minister considers appropriate. 25 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 6--Compliance and Monitoring s. 32 (2) The chief officer must advise the Minister of any information in the report that, in the chief officer's opinion, should be excluded from the report Victorian Legislation and Parliamentary Documents before the report is laid before Parliament because 5 the information, if made public, could reasonably be expected to-- (a) endanger a person's safety; or (b) prejudice an investigation or prosecution; or (c) compromise any law enforcement agency's 10 operational activities or methodologies. (3) The Minister must-- (a) exclude information from the report if satisfied on the advice of the chief officer of any of the grounds set out in sub-section (2); 15 and (b) cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives the report. 20 32. Record keeping (1) The chief officer of a law enforcement agency must cause appropriate records to be kept about the operation of this Act in respect of the agency. (2) The records must include the following, in respect 25 of authorities granted, varied or cancelled under this Act in respect of the agency-- (a) the date on which an authority was granted, varied or cancelled and the name of the person who granted, varied or revoked it; 30 and (b) the name of the authorised person under the authority, together with details of the assumed identity to which the authority applies; and 26 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 6--Compliance and Monitoring s. 33 (c) details of any request made to an issuing agency under section 13 (Request for evidence of assumed identity) in respect of Victorian Legislation and Parliamentary Documents the authority; and 5 (d) the general nature of the duties undertaken by the authorised person under the assumed identity; and (e) general details of relevant financial transactions entered into using the assumed 10 identity; and (f) details of reviews of the authority under section 9. 33. Audit of records (1) The chief officer of a law enforcement agency 15 must arrange for the records kept under section 32 for each authority in respect of the agency to be audited-- (a) at least once every 6 months while the authority is in force; and 20 (b) at least once in the 6 months after the cancellation or expiry of the authority. (2) The audit is to be conducted by a person appointed by the chief officer. (3) The person appointed to conduct the audit-- 25 (a) may but need not be an officer of the law enforcement agency; (b) must not be a person-- (i) who granted, varied or cancelled any of the authorities to which the records 30 under section 32 relate; or (ii) who is or was an authorised person under any of the authorities to which those records relate. 27 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 6--Compliance and Monitoring s. 33 (4) The results of an audit are to be reported to the chief officer. Victorian Legislation and Parliamentary Documents __________________ 28 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 7--General s. 34 PART 7--GENERAL Victorian Legislation and Parliamentary Documents 34. Delegation of chief officer's functions (1) Except as provided by this section (and despite any other Act or law to the contrary) the functions 5 of a chief officer under this Act may not be delegated to any other person. (2) A chief officer may delegate to a senior officer of the law enforcement agency any of the chief officer's functions under this Act relating to the 10 granting, variation and cancellation of authorities (including conducting reviews under section 9, making applications under section 10 or 12, or making requests under section 13 or 24). (3) No more than 4 delegations may be in force under 15 this section at any one time in respect of any one law enforcement agency. (4) For the avoidance of doubt, this section prevails over section 6A of the Police Regulation Act 1958. 20 (5) In this section-- "senior officer" means-- (a) in relation to Victoria Police--a member of Victoria Police of or above the rank of superintendent; 25 (b) in relation to the Australian Crime Commission-- (i) the Director National Operations; or (ii) a Director; or 30 (iii) the General Manager National Operations; or 29 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 7--General s. 35 (iv) a member of staff of the Australian Crime Commission who is an SES employee or acting Victorian Legislation and Parliamentary Documents SES employee (within the 5 meaning of the Australian Crime Commission Act 2002 of the Commonwealth) and who holds a position that is prescribed by the regulations for the purposes of this 10 definition. 35. Regulation-making power (1) The Governor in Council may make regulations for or with respect to prescribing any matter or thing required or permitted by this Act to be 15 prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations-- (a) may be of general or limited application; (b) may differ according to differences in time, 20 place or circumstances. 36. Transitional provisions (1) An authority to use an assumed identity granted in accordance with the policies and procedures of Victoria Police to a member of Victoria Police 25 that was in force immediately before the commencement day is taken, for the period referred to in sub-section (2), to be an authority granted under this Act to use the assumed identity. (2) The period is from the start of the commencement 30 day until the earlier of the following-- (a) the day on which cancellation of the authority under section 8 takes effect; or (b) 6 months after the commencement day. 30 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Part 7--General s. 36 (3) Nothing in sub-section (1) prevents the law enforcement officer from applying for and being granted an authority under this Act in relation to Victorian Legislation and Parliamentary Documents the assumed identity. 5 (4) An authority may be granted under this Act in relation to criminal activity occurring before, on or after the commencement day. (5) In this section-- "commencement day" means the day on which 10 this section comes into operation. 31 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Endnotes ENDNOTES Victorian Legislation and Parliamentary Documents By Authority. Government Printer for the State of Victoria. 32 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. INDEX Subject Section Victorian Legislation and Parliamentary Documents Act commencement 2 purpose 1 transitional provisions 36 Agencies See Issuing agencies; Law enforcement agencies Assumed identities definitions of acquire, use 3 disclosure of information 30 entries in register of births, deaths and marriages 4- 6, 10-12 misuse of 29 use by authorised officers, authorised civilians 19 Assumed identities - Authorities applications for 4 audit of records 33 authorities under corresponding laws 28 cancellation 8, 9, 11, 23 definition 3 form 6 grant and grounds for 5 matters authorised by 5 period of 6, 7 records regarding 32, 33 reports regarding 31 transitional provisions 36 variations 8, 23 yearly reviews 9 Assumed identities - Evidence cancellation 16, 26 definition 3, 13 details in authorities 4-6 protection of issuing agencies, officers 17-18, 27 requests for 13-15, 24, 25 Australian Crime Commission See Law enforcement agencies; Law enforcement officers Authorised civilians acquisition, use of assumed identity 19 definition 3 indemnity 21, 22 misuse of assumed identity by 29 period of authority for 6, 7 protection from criminal liability 20, 22 protection if unaware of variation, cancellation of authority 23 supervision by law enforcement officers 4, 5, 6 Authorised officers acquisition, use of assumed identity 19 definition 3 indemnity 21, 22 33 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Subject Section misuse of assumed identity by 29 period of authority for 7 Victorian Legislation and Parliamentary Documents protection from criminal liability 20, 22 protection if unaware of variation, cancellation of authority 23 Authorised persons See Authorised civilians; Authorised officers Authorities See Assumed identities - Authorities Chief officers See Issuing agencies; Law enforcement agencies Criminal liability protection from 17, 20, 22 3, 28 Corresponding authorities 3, 28 Corresponding laws 3, 13, 16, 26, 34, Definitions 36 Evidence See Assumed identities - Evidence Government issuing agencies See Issuing agencies 18, 21-22, 27 Indemnities Issuing agencies chief officer (def.) 3 chief officer's duties regarding cancellation of evidence 16, 26 requests for evidence 13-15, 24, 25 definition 3 details in authorities 4-6 government issuing agencies (def.) 3 indemnity for officers and issuing agencies 18, 27 non-government issuing agencies (def.) 3 protection of officers from criminal liability 17 Law enforcement agencies chief officer (def.) 3 chief officer's powers and duties regarding appointment of supervisors 5 audits of records 33 authorities 4, 5, 8, 9, 11 entries in register of births, deaths, marriages 10-11 evidence 13, 16, 24 records 32, 33 reports 31 definition 3 delegation of chief officer's functions 34 indemnities given by 18, 21-22, 27 senior officers 34 Law enforcement officers applications for authorities 4 as supervisors of authorised civilians 4, 5 definition 3 See also Authorised officers 31 Minister Non-government issuing agencies See Issuing agencies 29, 30 Offences 34 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

Crimes (Assumed Identities) Act 2004 Act No. Subject Section Participating jurisdictions authorisation of use of assumed identities in 5, 6 Victorian Legislation and Parliamentary Documents definition 3 requests for evidence to and from 24-27 Register of births, deaths and marriages details of entries in authorities 4-6 entries regarding assumed identities 10-12 35 Regulations 10, 12 Supreme Court 36 Transitional provisions Victoria Police See Law enforcement agencies; Law enforcement officers 35 551144B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004

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