CRIMES ACT 1914
The appropriate authorising officer may, after considering an application for an authority to conduct an integrity testing operation in relation to a target agency, and any additional information provided under subsection 15JF(2) :
(a) authorise the operation by granting the authority, in writing, either unconditionally or subject to conditions; or
(b) refuse the application. (2)
The authorising officer must not grant the authority to conduct the integrity testing operation unless the authorising officer is satisfied that:
(a) there are reasonable grounds to suspect that a Commonwealth offence or a State offence, punishable on conviction by imprisonment for 12 months or more, has been, is being or is likely to be committed by a staff member of the target agency (whether or not the identity of the staff member is suspected or known); and
(b) it is appropriate in all the circumstances to conduct the operation; and
(c) if the authorising officer is an officer of the Australian Commission for Law Enforcement Integrity - in addition to the matters mentioned in paragraphs (a) and (b), the purpose of the operation is to investigate a corruption issue. (3)
The authorising officer may grant an integrity testing authority even if the operation has been authorised by a previous integrity testing authority, or has been the subject of a previous application for such an authority.
The authorising officer may grant an integrity testing authority that authorises the continuation or resumption of an operation authorised by an earlier authority.
An integrity testing authority is not a legislative instrument.
See the table in section 15JE for who are the appropriate authorising officers for a proposed integrity testing operation in relation to a target agency.
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