CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 23 Manner of varying authority

CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 23

    (1)     An authority may be varied (on application or otherwise) only—

        (a)     by means of a written document signed by the chief officer (a formal variation of authority ); or

        (b)     if the chief officer is satisfied that the delay caused by making a formal variation of 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 variation of authority ).

    (2)     The chief officer—

        (a)     must ensure that written notes are kept of the following matters—

              (i)     the date and time when the authority was varied; and

              (ii)     the identity of the law enforcement officer to whom the variation of authority was granted; and

        (b)     must, as soon as practicable, prepare and give to the applicant a written document that complies with section 24.

Note to s. 23 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.