CRIMES ACT 1914

Part IAB - Controlled operations  

Division 2 - Authorisation of controlled operations  

Subdivision B - Variation of authorities by appropriate authorising officers  

SECTION 15GO   Variation of authority by appropriate authorising officer  

(1)  
An appropriate authorising officer may vary an authority:


(a) at any time on the authorising officer's own initiative; or


(b) on application under subsection 15GP(1) .

(2)  
A variation may:


(a) extend the period of effect of the authority (subject to subsections (3) and (4)); or


(b) authorise additional persons to engage in controlled conduct for the purposes of the controlled operation and specify:


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

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


(c) provide that specified persons are no longer authorised to engage in controlled conduct for the purposes of the controlled operation; or


(d) authorise participants in the controlled operation to engage in additional or alternative controlled conduct.

(3)  
A variation cannot be made that has the effect of extending the period of effect of an urgent authority.

(4)  
A formal authority must not be varied in such a way that the period of effect of the authority will, after the variation is made, exceed 3 months (including any previous extensions).

(5)  


An authority must not be varied unless the authorising officer is satisfied on reasonable grounds that the variation will not authorise a significant alteration of the nature of the controlled operation concerned, including an alteration that would change the nature of the criminal offences to which the controlled operation relates.

(6)  
A variation is not a legislative instrument.




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