Law Enforcement and National Security (Assumed Identities) Regulation 2016 (NSW)

1Name of Regulation

This Regulation is the Law Enforcement and National Security (Assumed Identities) Regulation 2016.

2Commencement

This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Law Enforcement and National Security (Assumed Identities) General Regulation 2010 which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation:

officer of Customs has the same meaning as it has in the Customs Act 1901 of the Commonwealth.

the Act means the Law Enforcement and National Security (Assumed Identities) Act 2010.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Law enforcement agencies

For the purposes of paragraph (g) of the definition of law enforcement agency in section 4 (1) of the Act, the following agencies are prescribed as law enforcement agencies for the purposes of the Act:

• (a)

  the Australian Federal Police,

• (b)

  the Australian Security Intelligence Organisation,

• (c)

  the Australian Secret Intelligence Service,

• (d)

  the Department of Immigration and Border Protection,

• (e)

  the Australian Taxation Office.

5Chief officers of certain law enforcement agencies

For the purposes of paragraph (g) of the definition of chief officer of a law enforcement agency in section 4 (1) of the Act, the following officers are prescribed as the chief officers in respect of the following law enforcement agencies:

• (a)

  in respect of the Australian Federal Police—the Commissioner of the Australian Federal Police,

• (b)

  in respect of the Australian Security Intelligence Organisation—the Director-General of Security,

• (c)

  in respect of the Australian Secret Intelligence Service—the Director-General of that Service,

• (d)

  in respect of the Department of Immigration and Border Protection—the Secretary of the Department,

• (e)

  in respect of the Australian Taxation Office—the Commissioner of Taxation.

6Law enforcement officers

For the purposes of paragraph (g) of the definition of law enforcement officer in section 4 (1) of the Act, the following are prescribed as law enforcement officers in respect of the following law enforcement agencies:

• (a)

  in respect of the Australian Federal Police—a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth),

• (b)

  in respect of the Australian Security Intelligence Organisation—a member of staff of the Australian Security Intelligence Organisation, whether an employee, a consultant or contractor, or a person who is made available by another Commonwealth, State or Territory agency or another body or person to perform services for the Australian Security Intelligence Organisation,

• (c)

  in respect of the Australian Secret Intelligence Service—a staff member of the Service,

• (d)

  in respect of the Department of Immigration and Border Protection—an officer of Customs,

• (e)

  in respect of the Australian Taxation Office—a person engaged under the Public Service Act 1999 of the Commonwealth and performing duties in the Australian Taxation Office.

7Supervisors

For the purposes of section 6 (4) (g) of the Act, the following ranks and positions are prescribed in respect of the following law enforcement agencies:

• (a)

  in respect of the Australian Federal Police—the rank of sergeant or an equivalent or higher rank,

• (b)

  in respect of the Australian Security Intelligence Organisation—the position of ASIO Executive Employee Level 1 or an equivalent or higher position,

• (c)

  in respect of the Australian Secret Intelligence Service—the position of ASIS Executive Level 1 or an equivalent or higher position,

• (d)

  in respect of the Department of Immigration and Border Protection—an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, in that Department,

• (e)

  in respect of the Australian Taxation Office—the position of an Australian Public Service Executive Level 2 or an equivalent or higher position.

8Delegations

For the purposes of paragraph (f) of the definition of senior officer in section 39 (4) of the Act, the following ranks or positions are prescribed in respect of the following law enforcement agencies:

• (a)

  in respect of the Australian Federal Police:

  • (i)

    any senior executive AFP employee within the meaning of section 4 (1) of the Australian Federal Police Act 1979 of the Commonwealth, or

  • (ii)

    any Deputy Commissioner within the meaning of section 4 (1) of that Act, or

  • (iii)

    a person occupying a position in the Australian Federal Police that is equivalent to or higher than a position referred to in subparagraph (i) or (ii),

• (b)

  in respect of the Australian Security Intelligence Organisation—any senior position-holder within the meaning of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth,

• (c)

  in respect of the Australian Secret Intelligence Service—Deputy Director-General—Operations,

• (d)

  in respect of the Department of Immigration and Border Protection—any SES employee in that Department,

• (e)

  in respect of the Australian Taxation Office—an Assistant Commissioner.

9Corresponding laws

For the purposes of the definition of corresponding law in section 4 (1) of the Act, the following laws are declared to correspond to the Act:

• (a)

  the Crimes (Assumed Identities) Act 2009 of the Australian Capital Territory,

• (b)

  Part IAC of the Crimes Act 1914 of the Commonwealth,

• (c)

  Chapter 12 of the Police Powers and Responsibilities Act 2000 of Queensland,

• (d)

  Part 3 of the Criminal Investigation (Covert Operations) Act 2009 of South Australia,

• (e)

  the Police Powers (Assumed Identities) Act 2006 of Tasmania,

• (f)

  the Crimes (Assumed Identities) Act 2004 of Victoria,

• (g)

  the Criminal Investigation (Covert Powers) Act 2012 of Western Australia,

• (h)

  the Police (Special Investigative and Other Powers) Act 2015 of the Northern Territory.