Western Australian Current Acts Western Australian Current Acts (1) A variation of
authority may be made —
(a) in
writing (a formal variation of authority ) to the principal law enforcement
officer for the authorised operation, or another law enforcement officer on
behalf of the principal law enforcement officer, as the case requires; or
(b)
orally (an urgent variation of authority ) to the principal law enforcement
officer for the authorised operation, or another law enforcement officer on
behalf of the principal law enforcement officer, as the case requires, if the
person making the variation is satisfied that the delay caused by making a
formal variation of authority may affect the success of the operation.
(2) A formal variation
of authority must be in a physical form, signed by the authorising officer.
(3) However if it is
impracticable in the circumstances for a physical document to be delivered to
the principal law enforcement officer for the authorised operation, or another
law enforcement officer on behalf of the principal law enforcement officer, as
the case requires, a formal variation of authority 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.
(4) An urgent
variation of authority may be made in person, by telephone or any other
electronic means.
(5) A variation of
authority must —
(a)
identify the authorised operation for which the authority is in force; and
(b)
state the name, and rank or position, of the person making the variation of
authority; and
(c)
state whether the variation of authority is a formal variation of authority or
an urgent variation of authority; and
(d) if
the variation is made under section 17(1)(a) —
(i)
describe the variation having regard to the purposes
referred to in section 18 in respect of which the variation is or was made;
and
(ii)
specify the reasons why the variation of authority is or
was made;
and
(e) if
the variation is made under section 17(1)(b) —
(i)
state the name of the applicant; and
(ii)
describe the variation having regard to the purposes
referred to in section 19(1) in respect of which the application for the
variation was made;
and
(f)
state the date and time when the variation of authority is or was made.
(6) The authorising
officer must, as soon as practicable after making an urgent variation of
authority, make a record in writing of the particulars referred to in
subsection (5) relating to the variation of authority.