CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 9 Application for authority to conduct controlled operation

CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 9

    (1)     A law enforcement officer of a law enforcement agency may apply to the chief officer of the agency for an authority to conduct a controlled operation on behalf of the agency.

    (2)     An application for an authority may be made—

        (a)     in writing signed by the applicant (a standard application ); or

        (b)     if the applicant has reason to believe that the delay caused by making a standard application may affect the success of the operation—orally in person or by telephone, fax, email or any other means of communication (an urgent application ).

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

    (4)     In any application, whether standard or urgent, the applicant must—

        (a)     provide sufficient information to enable the chief officer to decide whether or not to grant the application; and

        (b)     state whether or not the proposed operation, or any other controlled operation in relation to the same criminal activity or corrupt conduct, has been the subject of an earlier application for an authority or amendment of an authority and, if so, whether or not the authority or amendment was granted.

    (5)     The chief officer may require the applicant to give the chief officer the additional information the chief officer reasonably needs to decide the application.

    (6)     As soon as practicable after making an urgent application, the applicant must make a written record of the application and give a copy of it to the chief officer.