‘Secret’ police to use fake IDs

Nigel Hunt: The Advertiser | September 20, 2008

http://www.news.com.au/adelaidenow/story/0,22606,24377910-5006301,00.html

POLICE will have the power to create false identity documents for undercover operatives under new laws to be introduced in South Australia.

And for the first time, the identities of the undercover police officers will remain secret during court processes to prevent reprisals from criminals they help to apprehend.

Attorney-General Michael Atkinson, who will introduce the legislation into Parliament this week, said the new laws would help police fight organised crime “from the inside”.

“These laws will help expose drug trafficking, money laundering, illegal weapons trading and gang violence – including murder,” he said.

“The work of undercover police officers is critical to stopping some of the most lucrative and dangerous criminal activity in this state.”

The Criminal Investigation (Covert Operations) Bill 2008 is aimed at facilitating the wider use of undercover police officers to combat organised crime in South Australia.

It is also the first new law in the second wave of legislative measures aimed primarily at combating motorcycle gang activities.

The first wave included tighter firearms laws, riot and affray laws and measures to ban bikie gangs and stop members from associating.

The new legislation will allow police to create and use false identities – including driver’s licences and birth certificates – to investigate an offence or gather criminal intelligence.

“These laws will cover how false identity documents are applied for and on which grounds it can be granted,” he said.

“The Bill also dictates punishments for the misuse of false identities.

“It also provides greater legal certainty for covert operatives and agencies involved in undercover operations and delivers better police accountability than previous arrangements.”

A significant section of the Bill allows undercover police to give evidence in court without disclosing their true identities and potentially exposing themselves and their families to harm.

Under existing laws, an offender often learns the true identity of the undercover officer during the court process, even though the officer’s name is suppressed from publication.

“Protecting our front-line fighters in the war against criminal motorcycle gangs is paramount,” Mr Atkinson said.

“These brave and dedicated operatives need protection so that they can carry out dangerous but important investigations in the safest possible way”.

Under the new laws, false identities also will be recognised by interstate law enforcement agencies and cross-border recognition of witness protection certificates will be possible.

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