Police Powers (Assumed Identities) Act 2006 (Tas)

Police Powers (Assumed Identities) Act 2006

An Act to facilitate, for law enforcement purposes, investigations and intelligence-gathering in relation to criminal activity, including investigations beyond this jurisdiction [Royal Assent 18 December 2006]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Police Powers (Assumed Identities) Act 2006 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – acquire an assumed identity means acquire evidence of the identity and includes taking steps towards acquiring evidence of the identity; agency means – (a) an issuing agency; or (b) a law enforcement agency; 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 or use an assumed identity, including the authority as varied under section 9 ; chief officer, of – (a) a law enforcement agency, means the person for the time being holding office as – (i) in relation to the Police Service, the Commissioner of Police; or (ii) in relation to the Australian Crime Commission, the Chief Executive Officer of the Australian Crime Commission; or (b) an issuing agency, means the chief executive 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, and includes a law of another jurisdiction that is declared by the regulations to correspond to 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's licence, birth certificate, credit card or identity card) that evidences, indicates or supports, or can be used to evidence, indicate or support, a person's identity or any aspect of a person's identity; government issuing agency, in relation to an authority, means an entity that – (a) performs any function of the government of this jurisdiction; and (b) is named in the authority; issuing agency means – (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 – (a) the Police Service; or (b) the Australian Crime Commission; law enforcement officer means – (a) in relation to the Police Service, police officers; and (b) in relation to the Australian Crime Commission, a member of staff of the Australian Crime Commission – and includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service, and a police officer (however described), of another jurisdiction; non-government issuing agency, in relation to an authority, means a person, body or entity (other than a government issuing agency) 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 in which a corresponding law is in force; Register has the same meaning as in the Births, Deaths and Marriages Registration Act 1999 ; Registrar means the Registrar of Births, Deaths and Marriages appointed and holding office under the Births, Deaths and Marriages Registration Act 1999 ; 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; this jurisdiction means Tasmania; 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.