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Intelligence and Security Act 2017

Repeals and amendments - Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995

247: Section 65 amended (Request for new identity information for certain witnesses, etc)

You could also call this:

"Help to keep some people's identities secret for their safety"

Illustration for Intelligence and Security Act 2017

If you are a witness or someone who needs to protect your identity, the Minister can help you get new identity information. The Minister can give a written direction to create new identity information for you if it is in the interests of justice. You can find more information about this in the Intelligence and Security Act 2017.

The Director-General of an intelligence and security agency can request new identity information for someone who is, has been, or will be an employee. The Minister must be satisfied that the person will use the new identity information appropriately and it is otherwise appropriate to grant the request. This is according to section 26(3) of the Intelligence and Security Act 2017.

If new identity information is created, the Director-General of an intelligence and security agency will be involved. The term "employee" has a specific meaning, which is explained in section 22 of the Intelligence and Security Act 2017. This meaning is used to decide who can get new identity information.

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Topics:
Crime and justice > Police and safetyCrime and justice > Victim supportRights and equality > Privacy
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Part 8Repeals and amendments
Amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995

247Section 65 amended (Request for new identity information for certain witnesses, etc)

  1. Replace section 65(1)(b) with:

  2. the Director-General of an intelligence and security agency, for the purpose of protecting the identity of a person who is, has been, or will be an employee.

    1. Replace section 65(2) with:

    2. The Minister may give a written direction to the Registrar-General to create new identity information for the person if,—

    3. on receiving a request under subsection (1)(a), the Minister is satisfied that it is in the interests of justice that the new identity information be created; or
      1. on receiving a request under subsection (1)(b), the Minister is satisfied, having regard to the matters set out in section 26(3) of the Intelligence and Security Act 2017 (which applies with any necessary modifications), that—
        1. the person will use the new identity information appropriately; and
          1. it is otherwise appropriate to grant the request.

          2. Replace section 65(4)(b) with:

          3. the Director-General of an intelligence and security agency in relation to new identity information created as the result of a request under subsection (1)(b).

            1. In section 65(5), repeal the definitions of employee and officer.

            2. In section 65(5), insert in its appropriate alphabetical order:

              employee has the meaning given to it by section 22 of the Intelligence and Security Act 2017