CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 34 Notification requirements

CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 34

    (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.