Western Australian Current Acts Western Australian Current Acts (1) A law enforcement
officer of a law enforcement agency may apply to the authorising officer for
the agency for authority to conduct a controlled operation on behalf of the
agency.
(2) An application for
an authority may be made —
(a) in
writing (a formal application ); or
(b)
orally (an urgent application ), if the applicant has reason to believe that
the delay caused by making a formal application may affect the success of the
operation.
(3) A formal
application must be in a physical form, signed by the applicant.
(4) However if it is
impracticable in the circumstances for a physical document to be delivered to
the authorising officer, a formal application may take the form of —
(a) a
fax; or
(b) an
email or other electronic document, in which case the document need not be
signed.
(5) An urgent
application may be made in person, by telephone or any other electronic means.
(6) Nothing in this
Division prevents an application for an authority being made in respect of a
controlled operation that has been the subject of a previous application.
(7) In any
application, whether formal or urgent, the applicant must —
(a)
provide sufficient information to enable the authorising officer to decide
whether or not to grant the application; and
(b)
state whether or not the proposed operation, or any other controlled operation
in respect of the same criminal activity, has been the subject of an earlier
application for an authority or variation of an authority and, if so, whether
or not the authority or variation was granted.
(8) The authorising
officer may require the applicant to furnish such additional information
concerning the proposed controlled operation as is necessary for the
authorising officer’s proper consideration of the application.
(9) As soon as
practicable after making an urgent application, the applicant must make a
record in writing of the application and give a copy of it to the authorising
officer.