CRIMES ACT 1914

Part IAB - Controlled operations  

Division 2 - Authorisation of controlled operations  

Subdivision A - Authorities to conduct controlled operations  

SECTION 15GH   Applications for authorities to conduct controlled operations  

(1)  
An Australian law enforcement officer of a law enforcement agency may apply to an authorising officer for an authority to conduct a controlled operation on behalf of the law enforcement agency.

(2)  
An application for an authority may be made:


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


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

(3)  
Nothing in this Part prevents an application for an authority being made in respect of a controlled operation that has been the subject of a previous application, but in that case the subsequent application must be a formal application.

Note:

An urgent authority can be varied, but not so as to extend its duration - see sections 15GO and 15GS .

(4)  
An application (whether formal or urgent) must:


(a) provide sufficient information to enable the authorising officer to decide whether or not to grant the application; and


(b) state whether or not the proposed controlled operation, or any other controlled operation with respect to the same criminal activity, has been the subject of an earlier application (whether formal or urgent) for an authority or variation of an authority and, if so, whether or not the authority was given or the variation granted; and


(c) state the proposed period of effect of the authority, which must not exceed:


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

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

(5)  
An authorising officer may require an applicant to provide such additional information concerning the proposed controlled operation as is necessary for the proper consideration of the application.

(6)  
As soon as practicable after making an urgent 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 authorising officer to whom the application was made.




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