Victorian Consolidated Legislation

Crimes (Controlled Operations) Act 2004 - SECT 34

Notification requirements

34. Notification requirements



(1) If any loss of or serious damage to property occurs in the course of or as
a direct result of an authorised operation (other than property of the law
enforcement agency on behalf of which the operation is conducted or a
participant in the operation), the principal law enforcement officer for the
operation must report the loss or damage to the chief officer of the law
enforcement agency as soon as practicable.

(2) The chief officer must take all reasonable steps to notify the owner of
the property of the loss or damage.

(3) The chief officer is not required to notify the owner of property under
this section until the chief officer is satisfied that notification would not-

   (a)  compromise or hinder the authorised operation; or

   (b)  compromise the identity of a participant in the authorised operation;
        or

   (c)  endanger the life or safety of any person; or

   (d)  prejudice any legal proceeding; or

   (e)  otherwise be contrary to the public interest.

(4) If any personal injury occurs in the course of or as a direct result of an
authorised operation, the principal law enforcement officer for the operation
must report the injury to the chief officer of the law enforcement agency as
soon as practicable.

Note The chief officer may delegate functions under this section-see Division
1 of Part 5.

Division 3-Mutual recognition