CRIMES ACT 1914

Part IAB - Controlled operations  

Division 2 - Authorisation of controlled operations  

Subdivision A - Authorities to conduct controlled operations  

SECTION 15GK   Form of authority  

(1)  
A formal authority must:


(a) state the name and rank or position of the person granting the authority; and


(b) identify the principal law enforcement officer for the controlled operation and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and


(c) state that the application was a formal application; and


(d) identify the nature of the criminal activity (including the relevant suspected offences) in respect of which the controlled conduct is to be engaged in; and


(da) in the case of an integrity testing controlled operation authority - identify the integrity testing authority concerned; and


(e) state the identity of the persons authorised to engage in controlled conduct for the purposes of the controlled operation; and


(f) specify:


(i) with respect to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and

(ii) with respect to the civilian participants, the particular controlled conduct (if any) that each such participant may engage in; and


(g) identify (to the extent known) the person or persons targeted; and


(h) specify the period of effect of the authority, being a period not exceeding 3 months; and


(i) specify any conditions to which the conduct of the controlled operation is subject; and


(j) state the date and time when the authority is granted; and


(k) identify the following details (to the extent to which they are known and are relevant):


(i) the nature and quantity of any illicit goods that will be involved in the controlled operation;

(ii) the foreign countries through which those goods are likely to pass in the course of the controlled operation;

(iii) the place or places at which those goods are likely to be dealt with by an officer of Customs;

(iv) if subparagraph (iii) does not apply - the place or places where those goods are likely to enter into Australia;

(v) the time or times when, and the day or days on which, those goods are likely to be dealt with by an officer of Customs.

(2)  
An urgent authority must:


(a) state the name and rank or position of the person who granted the authority; and


(b) identify the principal law enforcement officer for the controlled operation and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and


(c) state whether the application was a formal application or an urgent application; and


(d) identify the nature of the criminal activity (including the relevant suspected offences) in respect of which the controlled conduct is to be engaged in; and


(da) in the case of an integrity testing controlled operation authority - identify the integrity testing authority concerned; and


(e) state the identity of the persons authorised to engage in controlled conduct for the purposes of the controlled operation; and


(f) specify:


(i) with respect to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and

(ii) with respect to the civilian participants, the particular controlled conduct (if any) that each such participant may engage in; and


(g) identify (to the extent known) the person or persons targeted; and


(h) specify the period of effect of the authority, being a period not exceeding 7 days beginning on the day on which the authority was granted; and


(i) specify any conditions to which the conduct of the operation is subject; and


(j) state the date and time when the authority was granted.

(3)  
A person is sufficiently identified for the purposes of paragraph (1)(e) or (2)(e) if the person is identified:


(a) by an assumed name under which the person is operating; or


(b) by a code name or code number;

as long as the chief officer of the authorising agency for the controlled operation can match the assumed name, code name or code number to the person's identity.

(4)  
An authority must not identify persons for the purposes of paragraph (1)(e) or (2)(e) by identifying a class of persons.




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