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CRIME AND CORRUPTION ACT 2001 - SECT 146T
Deciding application
146T Deciding application
(1) After considering an application for an authority to acquire or use an
assumed identity, and any additional information given under section 146S (4)
, the chairperson— (a) may grant an authority to acquire or use the assumed
identity, with or without conditions; or
(b) may refuse the application.
(2)
The chairperson must not grant an authority to acquire or use an assumed
identity unless the chairperson is satisfied on reasonable grounds of all of
the following— (a) the assumed identity is necessary for the purposes of an
investigation or intelligence gathering in relation to a corruption offence;
(b) the risk of abuse of the assumed identity by the authorised person under
the authority is minimal;
(c) if the application is for authorisation of an
assumed identity for a person who is not a commission officer—it would be
impossible or impracticable in the circumstances for a commission officer to
acquire or use the assumed identity for the purpose sought.
(3) If an
authority is granted for an authorised civilian, the chairperson must appoint
an authorised commission officer to supervise the acquisition or use of the
assumed identity by the authorised civilian.
(4) An authority may also
authorise— (a) an application to the independent member for a
birth certificate approval; or
(b) a request under section 146ZB .
(5) A
separate authority is required for each assumed identity.
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