CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 11 Form of authority

CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 11

    (1)     An authority to conduct a controlled operation may be granted—

        (a)     in writing signed by the chief officer (a standard authority ); or

        (b)     if the chief officer is satisfied that the delay caused by granting a standard authority may affect the success of the operation—orally in person or by telephone, fax, email or any other means of communication (an urgent authority ).

    (2)     This part does not prevent an authority being granted in relation to a controlled operation that has been the subject of a previous authority.

    (3)     An authority, whether standard or urgent, must—

        (a)     state the name and rank or position of the person granting the authority; and

        (b)     identify the principal law enforcement officer and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and

        (c)     state whether the application is a standard application or an urgent application; and

        (d)     identify each person who may engage in controlled conduct for the purposes of the controlled operation; and

        (e)     state the participating jurisdictions in which the controlled conduct is, or is likely, to be engaged in; and

        (f)     identify the nature of the criminal activity (including the suspected relevant offences) or corrupt conduct in relation to which the controlled conduct is to be engaged in; and

        (g)     identify—

              (i)     in relation to the law enforcement participants—the nature of the controlled conduct that the participants may engage in; and

              (ii)     in relation to the civilian participants—the particular controlled conduct (if any) that each participant may engage in; and

        (h)     identify (to the extent known) any suspect; and

              (i)     state the period (not longer than 3 months for a standard authority or 7 days for an urgent authority) of validity of the authority; and

        (j)     state any conditions to which the conduct of the operation is subject; and

        (k)     state the date and time when the authority is granted; and

        (l)     identify (to the extent known)—

              (i)     the nature and quantity of any illicit goods that will be involved in the operation; and

              (ii)     the route through which those goods will pass in the course of the operation.

    (4)     A person is sufficiently identified for subsection (3) (d) if the person is identified—

        (a)     by an assumed name under which the person is operating; or

        (b)     by a code name or code number—

so long as the assumed name, code name or code number can be matched to the person's identity.

    (5)     The chief officer must ensure that written notes are kept of the details mentioned in subsection (3) for each urgent authority.