Australian Capital Territory Numbered Acts

CRIMES (ASSUMED IDENTITIES) ACT 2009 (NO. 33 OF 2009) - SECT 36

    (1)     An authorised officer commits an offence if—

        (a)     the officer acquires evidence of an assumed identity; and

        (b)     the acquisition is not—

              (i)     in accordance with the officer's authority; or

              (ii)     in the course of duty; and

        (c)     the officer is reckless about whether the acquisition is not—

              (i)     in accordance with the authority; or

              (ii)     in the course of duty.

Maximum penalty: imprisonment for 2 years.

Note     The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code, s 20 (4)).

    (2)     An authorised officer commits an offence if—

        (a)     the officer uses an assumed identity; and

        (b)     the use is not—

              (i)     in accordance with the officer's authority or for a controlled operation; or

              (ii)     in the course of duty; and

        (c)     the officer is reckless about whether the use is not—

              (i)     in accordance with the authority or for a controlled operation; or

              (ii)     in the course of duty.

Maximum penalty: imprisonment for 2 years.

    (3)     An authorised civilian commits an offence if—

        (a)     the civilian acquires evidence of an assumed identity; and

        (b)     the acquisition is not—

              (i)     in accordance with the civilian's authority; or

              (ii)     in accordance with a direction of the civilian's supervisor under the authority; and

        (c)     the civilian is reckless about whether the acquisition is not—

              (i)     in accordance with the authority; or

              (ii)     in accordance with a direction of the civilian's supervisor under the authority.

Maximum penalty: imprisonment for 2 years.

    (4)     An authorised civilian commits an offence if—

        (a)     the civilian uses an assumed identity; and

        (b)     the use is not—

              (i)     in accordance with the civilian's authority or for a controlled operation; or

              (ii)     in accordance with a direction of the civilian's supervisor under the authority; and

        (c)     the civilian is reckless about whether the use is not—

              (i)     in accordance with the authority or for a controlled operation; or

              (ii)     in accordance with a direction of the civilian's supervisor under the authority.

Maximum penalty: imprisonment for 2 years.