CRIMES ACT 1914

Part IAB - Controlled operations  

Division 2 - Authorisation of controlled operations  

Subdivision B - Variation of authorities by appropriate authorising officers  

SECTION 15GP   Application to appropriate authorising officer  

(1)  
The principal law enforcement officer for a controlled operation, or any other Australian law enforcement officer acting on behalf of the principal law enforcement officer, may apply under this section to an appropriate authorising officer for a variation of an authority in respect of a matter mentioned in subsection 15GO(2) .

(2)  
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 3 months (including any previous extensions).

(3)  
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 variation application 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 ).

(4)  
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.

(5)  
The application (whether a formal variation application or an urgent variation application) must state whether or not the controlled operation has been the subject of an earlier urgent variation application under this section and, if so:


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


(b) whether or not the variation was granted.

(6)  
If the variation would extend the period of effect of a formal authority, the application (whether a formal variation application or an urgent variation application) must state the proposed period of the extension, which must not exceed:


(a) in the case of a formal variation application - the period that would result in the period of effect of the authority exceeding 3 months (including any previous extensions); and


(b) in the case of an urgent variation application - the lesser of:


(i) 7 days; and

(ii) a period that would result in the period of effect of the authority exceeding 3 months (including any previous extensions).

(7)  
The authorising officer to whom the application is made may require the applicant to provide such information concerning the proposed variation as is necessary for the authorising officer's proper consideration of the application.

(8)  
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 authorising officer to whom the application was made.




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