Victorian Consolidated Legislation

Crimes (Controlled Operations) Act 2004 - SECT 12

Applications for authorities to conduct controlled operations

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 In some circumstances, the chief officer may delegate functions under
this section-see Division 1 of Part 5.