Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES ACT 1914 - SECT 15GO

Variation of authority by appropriate authorising officer

             (1)  An appropriate authorising officer may vary an authority:

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

                     (b)  on application under subsection 15GP(1).

             (2)  A variation may:

                     (a)  extend the period of effect of the authority (subject to subsections (3 ) and (4)); or

                     (b)  authorise additional persons to engage in controlled conduct for the purposes of the controlled operation and specify:

                              (i)  with respect to additional law enforcement participants--the nature of the controlled conduct that those participants may engage in; and

                             (ii)  with respect to additional civilian participants--the particular controlled conduct (if any) that each such participant may engage in; or

                     (c)  provide that specified persons are no longer authorised to engage in controlled conduct for the purposes of the controlled operation; or

                     (d)  authorise participants in the controlled operation to engage in additional or alternative controlled conduct .

             (3)  A variation cannot be made that has the effect of extending the period of effect of an urgent authority.

             (4)  A formal authority must not be varied 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).

             (5)  An authority must not be varied unless the authorising officer is satisfied on reasonable grounds that the variation will not authorise a significant alteration of the nature of the controlled operation concerned , including an alteration that would change the nature of the criminal offences to which the controlled operation relates .

             (6)  A variation is not a legislative instrument.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback