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CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 21 Application for variation of authority

CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 21

Application for variation of authority

    (1)     The principal law enforcement officer for an authorised operation, or any other law enforcement officer on behalf of the principal law enforcement officer, may apply to the chief officer for a variation of authority for any one or more of the following purposes—

        (a)     to extend the period of validity of the authority (except as provided by section 20(2));

        (b)     to authorise additional or alternative persons to engage in controlled conduct for the purposes of the operation;

        (c)     to authorise participants in the operation to engage in additional or alternative controlled conduct;

        (d)     to identify additional suspects (to the extent known).

    (2)     More than one application for a variation may be made in respect of the same authority, but no single variation may extend the period of validity of an authority for more than 3 months at a time.

    (3)     An application for a variation of authority may be made—

        (a)     by means of a written document that is signed by the applicant (a formal variation application ); or

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

    (4)     The chief officer may require the applicant to furnish such information concerning the proposed variation as is necessary for the chief officer's proper consideration of the application.

Note to s. 21 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.