Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 121

121 .         Controlled operation, grant of authority to conduct

        (1)         The Commission may grant an authority to conduct a controlled operation.

        (2)         The authority may be granted —

            (a)         by means of a written document signed by the Commission (a formal authority ); or

            (b)         by such other means as are available, including (but not limited to) orally in person, by telephone or by 2-way radio (an urgent authority ).

        (3)         The authority must —

            (a)         specify the officer of the Commission responsible for the operation; and

            (b)         identify each person who may engage in controlled activities for the purposes of the operation; and

            (c)         identify the controlled operation; and

            (d)         specify —

                  (i)         with respect to officer participants, the nature of the controlled activities that those officers may engage in; and

                  (ii)         with respect to civilian participants, the nature of the controlled activities that each participant may engage in;

                and

            (e)         specify a period, not exceeding 6 months, for which the authority is to remain in force; and

            (f)         specify the day on which and time when, the authority is given.

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

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

            (b)         by a code name or number,

                so long as the assumed identity, code name or code number can be matched to the person’s identity by reference to documentation kept by the Commission.

        (5)         For the purposes of subsection (3)(c) a controlled operation may be identified by reference to a plan of the controlled operation held by the Commission.

        (6)         The authority may be granted subject to conditions specified in the authority.

        (7)         If the Commission grants an urgent authority, the Commission must —

            (a)         ensure that written notes are kept of the following matters —

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

                  (ii)         the particulars referred to in subsections (3) and (6);

                and

            (b)         as soon as practicable prepare a written document that complies with subsection (3) and includes any conditions subject to which the authority was granted.

        (8)         Unless it is sooner cancelled, an authority remains in force for the period specified in the authority.

        [Section 121 inserted: No. 78 of 2003 s. 17.]