Victorian Consolidated Legislation

Crimes (Controlled Operations) Act 2004 - SECT 18

Form of authority

18. 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 officer (a formal
        authority); or

   (b)  if the chief officer is satisfied that the delay caused by granting a
        formal authority may affect the success of the operation-orally in
        person or by telephone, fax, e-mail or any other means of
        communication (an urgent authority).

(2) Nothing in this Part prevents an authority being granted in respect of a
controlled operation that has been the subject of a previous authority, but if
the previous authority was an urgent authority, the subsequent authority must
be a formal authority.

(3) An authority, whether formal or urgent, must-

   (a)  state the name and rank or position of the person granting the
        authority; and

   (b)  identify the principal law enforcement officer and, if the principal
        law enforcement officer is not the applicant for the authority, the
        name of the applicant; and





   (c)  state whether the application is a formal application or an urgent
        application; and

   (d)  state whether the operation authorised by the authority is a
        cross-border controlled operation, a local major controlled operation
        or a local minor controlled operation; and

   (e)  identify each person who may engage in controlled conduct for the
        purposes of the operation; and

   (f)  in the case of a cross-border controlled operation, state the
        participating jurisdictions in which the controlled conduct is, or is
        likely, to be engaged in; and

   (g)  identify the nature of the criminal activity (including the suspected
        offences) in respect of which the controlled conduct is to be engaged
        in; and

   (h)  identify-

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

   (ii) with respect to the civilian participants (if any), the particular
        controlled conduct that each of those participants may engage in; and

        (i)    identify (to the extent known) any suspect; and

   (j)  specify the period of validity of the authority in accordance with
        section 19; and

   (k)  specify any conditions to which the conduct of the operation is
        subject; and



   (l)  state the date and time when the authority is granted; and

   (m)  identify (to the extent known)-

   (i)  the nature and quantity of any illicit goods that will be involved in
        the operation; and

   (ii) the route through which those goods will pass in the course of the
        operation.

(4) A person is sufficiently identified for the purposes of subsection (3)(e)
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 the law enforcement agency.

(5) The chief officer must ensure that written notes are kept of the
particulars referred to in subsection (3) for each urgent authority.

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