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CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 10 Decision on application for authority

CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 10

Decision on application for authority

    (1)     After considering an application for an authority to conduct a controlled operation, and any additional information given under section 9  (5), the chief officer may—

        (a)     authorise the operation by granting the authority, either unconditionally or subject to conditions; or

        (b)     refuse the application.

    (2)     An authority to conduct a controlled operation may not be granted unless the chief officer is satisfied on reasonable grounds that—

        (a)     a relevant offence has been, is being or is likely to be committed; and

        (b)     the controlled operation will be, or is likely to be, conducted in the ACT, in the ACT and 1 or more other jurisdictions or in 1 or more participating jurisdictions; and

        (c)     the nature and extent of the suspected criminal activity or corrupt conduct justify the conduct of a controlled operation in the ACT, in the ACT and 1 or more other jurisdictions or in 1 or more participating jurisdictions; and

        (d)     any unlawful conduct involved in conducting the operation will be limited to the minimum necessary to conduct an effective controlled operation; and

        (e)     the operation will be conducted in a way that will minimise the risk of more illicit goods being under the control of people, other than law enforcement officers, at the end of the operation than are reasonably necessary to enable the officers to achieve the purpose of the controlled operation; and

        (f)     the proposed controlled conduct will be able to be accounted for in a way that will enable the reporting requirements of part 4 to be complied with; and

        (g)     the operation will not be conducted in a way that a person is likely to be induced to—

              (i)     commit an offence against a law of any jurisdiction or the Commonwealth that the person would not otherwise have committed; or

              (ii)     engage in corrupt conduct; and

        (h)     any conduct involved in the operation will not—

              (i)     endanger the health or safety of any person; or

              (ii)     cause the death of, or injury to, any person; or

              (iii)     involve the commission of a sexual offence against any person; or

              (iv)     result in unlawful loss of or serious damage to property (other than illicit goods); and

              (i)     any role assigned to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer.