CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 12 Applications for authorities to conduct controlled operations
CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 12
Applications for authorities to conduct controlled operations(1) A law enforcement officer of a law enforcement agency may apply to the chief officer of the agency for authority to conduct a controlled operation on behalf of the agency.
(2) An application for authority may be made—
(a) by means of a written document signed by the applicant (a formal application ); or
(b) if the applicant has reason to believe that the delay caused by making a formal application may affect the success of the operation—orally in person or by telephone, fax, e-mail or any other means of communication (an urgent application ).
(3) Nothing in this Part prevents an application for authority being made in respect of a controlled operation that has been the subject of a previous application, but in that case the subsequent application must be a formal application.
(4) In any application, whether formal 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 the proposed operation is a cross-border controlled operation, a local major controlled operation or a local minor controlled operation; and
(c) state whether or not the proposed operation, or any other controlled operation with respect to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority and, if so, whether or not the authority was given or variation granted and, if so, the type of controlled operation authorised.
(5) The chief officer may require the applicant to furnish any additional information concerning the proposed controlled operation that is necessary for the chief officer's proper consideration of the application.
(6) As soon as practicable after making an urgent application, the applicant must make a record in writing of the application and give a copy of it to the chief officer.
Note to s. 12 amended by No. 63/2004 s. 21.
Note
In some circumstances, the chief officer may delegate functions under this section—see Division 1 of Part 5.