New South Wales Consolidated Acts

LAW ENFORCEMENT (CONTROLLED OPERATIONS) ACT 1997 - SECT 8

8 Form of authority

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

(a) by means of a written document, signed by the chief executive officer, or by means of a facsimile transmission of a document so signed (a "formal authority"), or

(b) by such other means as are available, including (but not limited to) orally in person, by telephone or by 2-way radio (an "urgent authority").

(2) An authority, whether formal or urgent:

(a) must identify the operation by reference to the plan referred to in section 5 (2A) (a), and

(b) must identify the law enforcement officer who is to conduct the operation, and

(c) must identify each person who may engage in controlled activities for the purposes of the operation, and

(d) must state whether or not any such person may operate under an assumed name, and

(e) must identify:

(i) with respect to the law enforcement participants, the nature of the controlled activities that those participants may engage in, and

(ii) with respect to the civilian participants, the particular controlled activities (if any) that each such participant may engage in, and

(f) in respect of an urgent authority, must specify the period (not exceeding 72 hours) for which the authority is to remain in force, and

(g) in respect of a formal authority, must specify the period (not exceeding 6 months) for which the authority is to remain in force, and

(h) must specify any conditions to which the conduct of the operation is subject under section 6 (1) (a).

(3) A person is sufficiently identified for the purposes of subsection (2) (b) or (c) 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 by reference to documentation kept by the chief executive officer.

(4) Unless it sooner ceases to have effect, an urgent authority ceases to have effect 72 hours after it is granted.

(5) A chief executive officer who grants an urgent authority must ensure that written notes are kept of the following matters:

(a) the date and time when the authority was granted,

(b) the identity of the law enforcement officer to whom the authority was granted,

(c) the particulars referred to in subsection (2).

(6) The regulations may make provision for or with respect to the following matters:

(a) the procedure for granting an urgent authority,

(b) the keeping of records in relation to an urgent authority,

(c) the form in which a formal authority may be granted.