CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 13 Amendment of authority
CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 13
Amendment of authority(1) The chief officer may amend an authority—
(a) at any time on the chief officer's own initiative; or
(b) on application under subsection (3).
(2) However, an amendment cannot be made that has the effect of—
(a) extending the period of validity of an urgent authority; or
(b) extending the period of validity of a standard authority for longer than 3 months after the date it was granted.
(3) The principal law enforcement officer for an authorised operation, or any other law enforcement officer on behalf of the principal law enforcement officer, may apply to the chief officer for an amendment of an authority for any 1 or more of the following purposes:
(a) to extend the period of validity of the authority (except as provided by subsection (2));
(b) to authorise additional or alternative people to engage in controlled conduct for the purposes of the operation;
(c) to authorise participants in the operation to engage in additional or alternative controlled conduct;
(d) to identify additional suspects (to the extent known).
(4) More than 1 application for amendment may be made in relation to the same authority.
(5) An application for amendment of an authority may be made—
(a) in writing signed by the applicant (a standard amendment application ); or
(b) if the applicant has reason to believe that the delay caused by making a standard amendment application may affect the success of the operation—orally in person or by telephone, fax, email or any other means of communication (an urgent amendment application ).
(6) The chief officer may require the applicant to give the information concerning the proposed amendment that is necessary for the chief officer's proper consideration of the application.
(7) As soon as practicable after making an urgent amendment application, the applicant must make a written record of the application and give a copy of it to the chief officer.
(8) After considering an application for amendment of an authority, and any additional information given under subsection (6), the chief officer may—
(a) amend the authority in accordance with the application, either unconditionally or subject to conditions; or
(b) refuse the application.
(9) Section 10 (2) applies to an application for amendment of an authority under this section in the same way as it applies to an application for an authority under section 10 (1).
(10) Without limiting subsection (9), an amendment of an authority may not be granted unless the chief officer is satisfied on reasonable grounds that the amendment will not authorise a significant alteration of the nature of the authorised operation concerned.
(11) An amendment of an authority may be granted only—
(a) in writing signed by the chief officer (a standard amendment of authority ); or
(b) if the chief officer is satisfied that the delay caused by granting a standard amendment of authority may affect the success of the operation—orally in person or by telephone, fax, email or any other means of communication (an urgent amendment of authority ).
(12) The chief officer must—
(a) ensure that written notes are kept of the following matters:
(i) the date and time when the amendment of authority was granted;
(ii) the identity of the law enforcement officer to whom the amendment of authority was granted;
(iii) particulars of the amendments of the original authority that are approved under this section; and
(b) as soon as practicable, prepare and give to the applicant a written amendment of authority that complies with section 14.
(13) The applicant must take all reasonable steps to inform participants in a controlled operation about the grant of a standard amendment of authority no later than 48 hours after the day the standard amendment of authority is granted.