CRIMES ACT 1914

Part IAB - Controlled operations  

Division 2 - Authorisation of controlled operations  

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

SECTION 15GV   Determination of application  

(1)  
After considering an application for a variation of a formal authority, and any additional information provided under subsection 15GU(6) , the nominated Tribunal member concerned:


(a) may vary the authority in accordance with the application, either unconditionally or subject to conditions; or


(b) may refuse the application.

(2)  
The nominated Tribunal member must not grant the variation unless the nominated Tribunal member is satisfied on reasonable grounds:


(a) that either:


(i) a serious Commonwealth offence or a serious State offence that has a federal aspect has been, is being or is likely to be committed; or

(ii) an integrity testing authority is in effect in relation to an offence that it is suspected has been, is being or is likely to be committed by a staff member of a target agency (see the notes at the foot of this subsection); and


(b) that the nature and extent of the suspected criminal activity are such as to justify the variation; and


(c) that any unlawful conduct involved in conducting the controlled operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and


(d) that the operation will be conducted in a way that ensures that, to the maximum extent possible, any illicit goods involved in the controlled operation will be under the control of an Australian law enforcement officer at the end of the controlled operation; and


(e) that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of Division 4 to be complied with; and


(f) that the controlled operation will not be conducted in such a way that a person is likely to be induced to commit a Commonwealth offence or an offence against a law of a State or Territory that the person would not otherwise have intended to commit; and


(g) that any conduct involved in the controlled operation will not:


(i) seriously endanger the health or safety of any person; or

(ii) cause the death of, or serious injury to, any person; or

(iii) involve the commission of a sexual offence against any person; or

(iv) result in significant loss of, or serious damage to, property (other than illicit goods); and


(h) that any role assigned to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer.

Note 1:

Subparagraph (a)(ii) applies in relation to offences punishable on conviction by imprisonment for 12 months or more (see section 15JG ).

Note 2:

The target agencies mentioned in subparagraph (a)(ii) are the ACC, the Australian Federal Police and the Immigration and Border Protection Department (see section 15GC ).

(3)  
A variation is not a legislative instrument.




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