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