CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 28 Chief officers' annual reports
CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 28
Chief officers' annual reports(1) As soon as practicable after 30 July in each year, the chief officer of each law enforcement agency must give the Minister a report setting out the details required by subsection (2) in relation to controlled operations conducted on behalf of the agency during the previous financial year.
(2) The report must include the following details:
(a) the number of standard authorities that were granted or amended by the chief officer, and the number of standard applications for the granting or amendment of authorities that were refused by the chief officer, during the period to which the report relates;
(b) the number of urgent authorities or urgent amendments of authorities that were granted by the chief officer, and the number of urgent applications for authorities or urgent amendments of authorities that were refused by the chief officer, during the period to which the report relates;
(c) the nature of the criminal activities or corrupt conduct against which the authorised operations were directed;
(d) the nature of the controlled conduct engaged in for the purposes of the authorised operations;
(e) if any of the authorised operations involved illicit goods––a statement (to the extent known) of—
(i) the nature and quantity of the illicit goods; and
(ii) the route through which the illicit goods passed in the course of the operations;
(f) details of any loss of or serious damage to property, or any personal injuries, occurring in the course of or as a direct result of the authorised operations;
(g) the number of authorities cancelled by the chief officer or that expired during the period to which the report relates;
(h) any seizure, arrest and prosecution arising from the authorised operations.
(3) The Minister may require the chief officer to give additional information in relation to any authorised operation to which a report relates.
(4) The details mentioned in subsection (2) must be classified into controlled operations conducted in the ACT, in the ACT and 1 or more other jurisdictions or in 1 or more participating jurisdictions.
(5) The report must not disclose any information that identifies any suspect or a participant in an authorised operation or that is likely to lead to a suspect or participant being identified.
(6) This section does not require particulars of an authorised operation to be included in a report for a year if the operation had not been completed as at 30 June in that year, but the particulars must instead be included in the report for the year in which the operation is completed.
(7) The chief officer must advise the Minister of any information in the report that, in the chief officer's opinion, should be excluded from the report before the report is presented to the Legislative Assembly because the information, if made public, could reasonably be expected to—
(a) endanger a person's safety; or
(b) prejudice an investigation or prosecution; or
(c) compromise any law enforcement agency's operational activities or methodologies.
(8) The Minister must exclude information from the report if satisfied on the advice of the chief officer of any of the grounds set out in subsection (7).
(9) The Minister must present a copy of the report to the Legislative Assembly within 15 sitting days from the day on which the report is received by the Minister.