Law Enforcement and National Security (Assumed Identities) Act 2010 (NSW)

Law Enforcement and National Security (Assumed Identities) Act 2010 No 73

An Act in relation to assumed identities; to repeal the Law Enforcement and National Security (Assumed Identities) Act 1998; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Law Enforcement and National Security (Assumed Identities) Act 2010.

2 Commencement This Act commences on the date of assent to this Act.

3 Objects of Act (1) The main purposes of this Act are— (a) to facilitate, for law enforcement purposes, investigations and intelligence-gathering in relation to criminal activity, including investigations extending beyond New South Wales, and (b) to enable the safe and effective exercise of functions in administering witness protection programs. (2) The main ways in which those purposes are to be achieved by this Act include— (a) providing for the lawful acquisition and use of assumed identities, and (b) facilitating mutual recognition of things done in relation to assumed identities under corresponding laws.

4 Definitions (1) In this Act— acquire an assumed identity, means acquire evidence of the identity and includes taking steps towards acquiring evidence of the identity. Australian Crime Commission means the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth. authorised civilian means a person (other than 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 to acquire or use an assumed identity. authorised person means— (a) an authorised civilian, or (b) an authorised officer. authority means an authority granted under section 6 to acquire and use an assumed identity, including the authority as varied under section 9. chief officer of a law enforcement agency means the person for the time being holding office or acting as— (a) in relation to the NSW Police Force, the Commissioner of Police, or (b) in relation to the Independent Commission Against Corruption, the Chief Commissioner of that Commission, or (c) in relation to the New South Wales Crime Commission, the Commissioner for that Commission, or (d) in relation to the Law Enforcement Conduct Commission, the Chief Commissioner of that Commission, or (e) in relation to Corrective Services NSW, the Commissioner of Corrective Services, or (f) in relation to the Australian Crime Commission, the Chief Executive Officer of the Australian Crime Commission, or (g) in relation to an agency prescribed by the regulations as a law enforcement agency for the purposes of this Act, the officer prescribed by the regulations as the chief executive officer of the agency. chief officer of an issuing agency means the chief officer (however described) of the agency. conduct includes any act or omission. 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 to request the production of evidence of an assumed identity in this jurisdiction. corresponding law means a law of another jurisdiction that corresponds to this Act or a provision of this Act (as the case may be), and includes a law of another jurisdiction that is declared by the regulations to correspond to this Act or a provision of this Act. criminal activity means conduct that involves the commission of an offence by one or more persons. doing a thing includes failing to do the thing. evidence of identity means a document or other thing (such as a driver licence, birth certificate, credit card or identity card) that evidences or indicates, or can be used to evidence or indicate, a person's identity or any aspect of a person's identity. exercise a function includes perform a duty. function includes a power, authority or duty. government issuing agency, in relation to an authority, means an entity that— (a) is named in the authority, and (b) issues evidence of identity as part of performing any function of the Government of the State.