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CRIMES ACT 1914 - SECT 15HQ

General register

             (1)  The chief officer of each authorising agency must cause a general register to be kept.

             (2)  The general register is to specify:

                     (a)  for each application under this Part made to an authorising officer of the agency (including an application for a variation of an authority):

                              (i)  the date of the application; and

                             (ii)  whether the application was formal or urgent; and

                            (iii)  whether the application was granted, refused or withdrawn; and

                            (iv)  if the application was refused or withdrawn--the date and time of the refusal or withdrawal; and

                     (b)  for each authority under this Part granted by an authorising officer of the agency:

                              (i)  the date and time the authority was granted; and

                             (ii)  whether the authority was formal or urgent; and

                            (iii)  the name and rank or position of the person who granted the authority; and

                            (iv)  each serious Commonwealth offence or serious State offence that has a federal aspect in respect of which controlled conduct under the authority was to be engaged in; and

                             (v)  the period of effect of the authority; and

                            (vi)  the identity of each person authorised to engage in controlled conduct for the purposes of the controlled operation; and

                           (vii)  with respect to the law enforcement participants, the nature of the controlled conduct that those participants were authorised to engage in; and

                          (viii)  with respect to the civilian participants, the particular controlled conduct (if any) that each such participant was authorised to engage in; and

                        (viiia)  the nature of the controlled conduct that was engaged in by law enforcement participants and civilian participants (if any); and

                            (ix)  if the authority was cancelled, the date and time of cancellation; and

                             (x)  the date and time the controlled operation began, the date on which the operation ceased, and the outcomes of the operation ; and

                            (xi)  if the controlled operation involved illicit goods (to the extent known), the nature and quantity of the illicit goods and the route and all foreign countries through which the illicit goods passed in the course of the operation; and

                           (xii)  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 operation; and

                          (xiii)  details of any personal injuries occurring in the course of or as a direct result of the operation; and

                     (c)  for each variation of an authority under this Part made by an authorising officer of the agency :

                              (i)  the date and time the variation was made; and

                             (ii)  whether the variation was formal or urgent; and

                            (iii)  the name and rank or position of the person who made the variation.

          (2A)  If the controlled operation involved illicit goods that are narcotic goods, the general register 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 general register 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)  A register kept under this section is not a legislative instrument.



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