CRIMES ACT 1914

Part IAB - Controlled operations  

Division 4 - Compliance and monitoring  

SECTION 15HM   Chief officers' 6 monthly reports to Ombudsman and Minister  

(1)  
As soon as practicable after 30 June and 31 December in each year, the chief officer of each authorising agency must submit a report to the Ombudsman setting out the details required by subsection (2) in relation to controlled operations for which the agency was the authorising agency during the previous 6 months.

(2)  
The report must include the following details:


(a) the number of formal authorities that were granted or varied by an authorising officer of the agency during the period to which the report relates;


(b) the number of formal applications for the grant of formal authorities that were refused by an authorising officer of the agency during the period to which the report relates, the date of those applications and the date of the refusals;


(c) the number of formal variation applications and urgent variation applications for the variation of formal authorities that were refused by an authorising officer of the agency during the period to which the report relates, the date of those applications and the date of the refusals;


(d) the number of urgent authorities that were granted or varied by an authorising officer of the agency during the period to which the report relates;


(e) the number of formal applications and urgent applications for the granting of urgent authorities that were refused by an authorising officer of the agency during the period to which the report relates, the date of those applications and the date of the refusals;


(f) the number of formal variation applications and urgent variation applications for the variation of urgent authorities that were refused by an authorising officer of the agency during the period to which the report relates, the date of those applications and the date of the refusals;


(g) the number of formal authorities that were varied by a nominated Tribunal member during the period to which the report relates;


(h) the number of formal variation applications and urgent variation applications for the variation of formal authorities that were refused by a nominated Tribunal member during the period to which the report relates, the date of those applications and the date of the refusals;


(i) for each authority that was in force at any time during the period to which the report relates:


(i) the date the controlled operation commenced; and

(ii) if the controlled operation ceased during that period - the date of cessation and the outcomes of the controlled operation; and

(iii) if subparagraph (ii) does not apply - the last day of the period of effect of the authority (including any extensions);


(j) for each authority that was varied by an authorising officer of the agency during the period to which the report relates - the date of the application for the variation and the date of the variation;


(k) for each authority in relation to which an application for variation was refused by an authorising officer of the agency during the period to which the report relates - the date of the application and the date of the refusal;


(l) for each authority that was varied by a nominated Tribunal member during the period to which the report relates - the date of the application for the variation and the date of the variation;


(m) for each authority in relation to which an application for variation was refused by a nominated Tribunal member during the period to which the report relates - the date of the application and the date of the refusal;


(n) the nature of the criminal activities against which the controlled operations were directed;


(o) the identity of each person targeted under controlled operations;


(p) the nature of the controlled conduct engaged in for the purposes of the controlled operations;


(q) if any of the controlled operations involved illicit goods, a statement (to the extent known) of:


(i) the nature and quantity of the illicit goods; and

(ii) the route through which the illicit goods passed in the course of the operations; and

(iii) all foreign countries through which the illicit goods passed in the course of the operation;


(r) details of any loss of or serious damage to property (other than property of the law enforcement agency on behalf of which the operation is conducted or a participant in the operation) occurring in the course of or as a direct result of the controlled operations;


(s) details of any personal injuries occurring in the course of or as a direct result of the operations;


(t) the number of authorities for controlled operations that were cancelled by an authorising officer of the agency or that expired during the period to which the report relates.

(2A)  
If the controlled operation involved illicit goods that are narcotic goods, the report is to:


(a) identify each law enforcement agency an officer of which had possession of the narcotic goods in the course of the controlled operation; and


(b) identify to the extent known any other person who had possession of the narcotic goods in the course of the controlled operation; and


(c) state whether the narcotic goods have been destroyed; and


(d) if the narcotic goods have not been destroyed - contain the information specified in subsection (2B) relating to the possession of the narcotic goods, or state that it is not known who has possession of them.

(2B)  
If the controlled operation involved narcotic goods that have not been destroyed, and the identity of the person who has possession of the narcotic goods is known, the report is to:


(a) if the person is a law enforcement officer - identify the law enforcement agency of which the person is an officer; or


(b) otherwise - identify the person.

(2C)  
If the chief officer of the authorising agency is of the view that disclosing the identity of a person may:


(a) endanger the safety of the person; or


(b) prejudice an investigation or prosecution;

then the person is sufficiently identified for the purposes of paragraphs (2A)(b) and (2B)(b) if the person is identified:


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


(d) by a code name or code number;

as long as the chief officer can match the assumed name, code name or code number to the person's identity.

(3)  
The Ombudsman may require the chief officer of an authorising agency to give additional information covering any controlled operation to which a report relates.

(4)  
Nothing in paragraphs (2)(o) to (t) requires particulars of a controlled operation to be included in a report for a period of 6 months if the operation had not been completed during that period, but the particulars must instead be included in the report for the period of 6 months in which the operation is completed.

(5)  
A copy of a report given to the Ombudsman under this section must be given to the Minister at the same time as it is given to the Ombudsman.




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