Victorian Current Acts

WILDLIFE ACT 1975 - SECT 74B

S. 74B(1) amended by No. 24/2014 s. 55(1).

    (1)     An authority to conduct a controlled operation granted by the Secretary must—

        (a)     be in writing under the seal of the Secretary; and

        (b)     identify the principal law enforcement officer for the operation; and

        (c)     identify each law enforcement officer who may engage in controlled conduct for the purposes of the operation; and

        (d)     identify the nature of the controlled conduct that the participants may engage in; and

        (e)     identify the nature of the criminal activity (including the suspected offences) in respect of which the controlled conduct is to be engaged in; and

        (f)     identify (to the extent known) any suspect; and

        (g)     specify the period of validity of the authority (which must be a period not exceeding 3 months); and

        (h)     specify any conditions to which the conduct of the operation is subject; and

              (i)     state the date and time when the authority is granted; and

        (j)     identify (to the extent known)—

              (i)     the nature and quantity of any illicit goods that will be involved in the operation; and

              (ii)     the route through which those goods will pass in the course of the operation.

    (2)     A person is sufficiently identified for the purposes of subsection (1)(b) or (c) if the person is identified—

        (a)     by an assumed name under which the person is operating; or

        (b)     by a code name or code number—

so long as the assumed name, code name or code number can be matched to the person's identity by the Department.

S. 74B(3) inserted by No. 24/2014 s. 55(2).

    (3)     An authority to conduct a controlled operation granted by the Game Management Authority must—

        (a)     be in writing under the seal of the Game Management Authority; and

        (b)     identify the principal law enforcement officer for the operation; and

        (c)     identify each law enforcement officer who may engage in controlled conduct for the purposes of the operation; and

        (d)     identify the nature of the controlled conduct that the participants may engage in; and

        (e)     identify the nature of the criminal activity (including the suspected offences) in respect of which the controlled conduct is to be engaged in; and

        (f)     identify (to the extent known) any suspect; and

        (g)     specify the period of validity of the authority (which must be a period not exceeding 3 months); and

        (h)     specify any conditions to which the conduct of the operation is subject; and

              (i)     state the date and time when the authority is granted; and

        (j)     identify (to the extent known)—

              (i)     the nature and quantity of any illicit goods that will be involved in the operation; and

              (ii)     the route through which those goods will pass in the course of the operation.

S. 74B(4) inserted by No. 24/2014 s. 55(2).

    (4)     A person is sufficiently identified for the purposes of subsection (3)(b) or (c) if the person is identified—

        (a)     by an assumed name under which the person is operating; or

        (b)     by a code name or code number—

so long as the assumed name, code name or code number can be matched to the person's identity by the Game Management Authority.

Division 3—Variation and cancellation of authorities

New s. 74C inserted by No. 16/2004 s. 51.