Criminal Investigation (Covert Operations) Act 2009 (SA)

South Australia Criminal Investigation (Covert Operations) Act 2009 An Act to authorise the use of undercover operations and assumed identities for the purposes of criminal investigation and the gathering of criminal intelligence within and outside the State; to establish a certification scheme for the protection of the identity of certain witnesses; to provide for cross border recognition of undercover operations, assumed identities and the certification scheme; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Undercover operations 4 Approval of undercover operations 5 Legal immunity of persons taking part in approved undercover operations Part 3—Assumed identities Division 1—Authority to acquire or use assumed identity 6 Application for authority 7 Determination of applications 8 Form of authority 9 Period of authority 10 Variation or cancellation of authority 11 Yearly review of authority 12 Making entries in register of births, deaths and marriages 13 Cancellation of authority affecting entry in register of births, deaths and marriages Division 2—Evidence of assumed identity 14 Request for evidence of assumed identity 15 Cancellation of evidence of assumed identity 16 Legal immunity of officers of issuing agencies 17 Indemnity for issuing agencies and officers Division 3—Effect of authority 18 Assumed identity may be acquired and used 19 Legal immunity of authorised persons acting under authority 20 Indemnity for authorised persons 21 Particular qualifications 22 Effect of being unaware of variation or cancellation of authority Division 4—Mutual recognition 23 Requests to participating jurisdiction for evidence of assumed identity 24 Requests from participating jurisdiction for evidence of assumed identity Division 5—Compliance and monitoring 25 Misuse of assumed identity 26 Disclosing information about assumed identity 27 Record keeping 28 Audit of records Division 6—Delegation 29 Delegation Part 4—Witness identity protection Division 1—Interpretation 30 Interpretation Division 2—Witness identity protection certificates for local operatives 31 Chief officer may give witness identity protection certificate to local operative 32 Protection of decision to give witness identity protection certificate 33 Form of witness identity protection certificate 34 Cancellation of witness identity protection certificate 35 Permission to give information disclosing operative's identity etc Division 3—Use of witness identity protection certificates in proceedings 36 Application and interpretation of Division 37 Filing and effect of filing of witness identity protection certificate in court 38 Orders to protect operative's identity etc 39 Directions to jury 40 Application for disclosure of operative's identity etc in proceedings 41 Offences Division 4—Delegation 42 Delegation Part 5—Application of Act to approvals, authorities or certificates under corresponding laws 43 Application of Act to approvals under corresponding laws 44 Application of Act to authorities under corresponding laws 45 Application of Act to witness identity protection certificates under corresponding laws Part 6—Miscellaneous 46 State Records Act 1997 and Freedom of Information Act 1991 not to apply 47 Annual report 48 Regulations Schedule 1—Transitional provisions Part 1—Interpretation 1 Interpretation Part 3—Transitional provisions 3 Approved undercover operations 4 Assumed identities 5 Witness identity protection Legislative history