CRIMES ACT 1914

Part IABA - Integrity testing  

Division 2 - Integrity testing operations: authority  

SECTION 15JK   Integrity testing authorities - variation  

(1)  
An appropriate authorising officer for an integrity testing operation that is authorised by an integrity testing authority may, in writing, vary the authority:


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


(b) on application, in writing, by the responsible staff member for the operation.

(2)  
A variation may extend, or further extend, the period of effect of the authority for up to 12 months, but not so that the period of effect ends more than 24 months after the authority was granted.

(3)  
As soon as practicable after varying an integrity testing authority for an integrity testing operation, the authorising officer must give a copy of the variation to:


(a) the responsible staff member for the operation; and


(b) the Integrity Commissioner (unless the authorising officer is an officer of the Australian Commission for Law Enforcement Integrity).

Note:

If the variation has the effect of changing the responsible staff member, the authorising officer would be required to give a copy of the variation to the new responsible staff member.

(4)  
Subsection 33(3) of the Acts Interpretation Act 1901 applies in relation to the variation of the authority, subject to this Act.

Note:

Subsection 33(3) of the Acts Interpretation Act 1901 has the effect that the power to grant an instrument (such as an integrity testing authority) includes the power to vary the instrument in the like manner and subject to the like conditions.

(5)  
A variation is not a legislative instrument.




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