Part IAB - Controlled operations  

Division 2 - Authorisation of controlled operations  

Subdivision C - Variations of authorities by nominated Tribunal member: extensions beyond 3 months  

SECTION 15GU   Application to nominated Tribunal member  

The principal law enforcement officer for a controlled operation for which there is a formal authority, or any other Australian law enforcement officer acting on behalf of the principal law enforcement officer, may apply to a nominated Tribunal member for a variation of the authority that would extend its period of effect:

(a) if the period of effect of the authority is 3 months or more (including any previous extensions); or

(b) in such a way that the period of effect of the authority will, after the variation is made, be 3 months or more (including any previous extensions).

An application cannot be made under subsection (1) for a variation that would extend the period of effect of a formal authority in such a way that the period of effect of the authority will, after the variation is made, exceed 24 months (including any previous extensions under this Subdivision or Subdivision B ).

An application for the variation may be made:

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

(b) if the applicant has reason to believe that the delay caused by making a formal application for the variation may affect the success of the controlled operation to which the authority relates - orally in person, or by telephone or any other means of communication (such an application is an urgent variation application ).

More than one application for a variation under this section may be made in respect of the same authority. However, if an urgent variation of authority was granted as a result of an application under this section, the next application must be a formal variation application.

An application for a variation (whether a formal variation application or an urgent variation application) must state:

(a) whether or not the controlled operation has been the subject of an earlier urgent variation application under this section and, if so:

(i) whether the urgent variation application was the last application under this section for a variation; and

(ii) whether or not the variation was granted; and

(b) the proposed period of the extension, which must be such as to comply with subsection (2) and must not exceed:

(i) in the case of a formal variation application - 3 months; and

(ii) in the case of an urgent variation application - 7 days.

The nominated Tribunal member may require the applicant to provide such information concerning the proposed variation as is necessary for the nominated Tribunal member's proper consideration of the application.

As soon as practicable after making an urgent variation application that was not made in writing, the applicant must make a written record of the application and give a copy of it to the nominated Tribunal member to whom the application was made.

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