Western Australian Current Acts Western Australian Current Acts (1) The authorising
officer who grants an authority may vary the authority at any time.
(2) However, a
variation cannot be made that has the effect of extending the period of
validity of —
(a) a
formal authority for an authorised civilian; or
(b) an
urgent authority.
(3) The authorising
officer must give notice of the variation to —
(a) the
authorised person to whom it relates; and
(b) if
the authorised person is an authorised civilian, the authorised person’s
supervisor.
(4) The notice must be
given —
(a) in
writing (a formal variation of authority ); or
(b)
orally (an urgent variation of authority ), if the authorising officer is
satisfied that the delay caused by making a formal variation of authority may
affect the success of a law enforcement operation or is otherwise urgently
required.
(5) A formal variation
of authority must be in a physical form, signed by the authorising officer.
(6) However if it is
impracticable in the circumstances for a physical document to be given to the
authorised person or the authorised person’s supervisor (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.
(7) An urgent
variation of authority may be made in person, by telephone or any other
electronic means.
(8) A variation of
authority takes effect —
(a) in
the case of a formal variation of authority in which a date of effect is
stated — on the day stated; or
(b) in
any other case — when it is given to the authorised person.
(9) A variation of
authority must —
(a)
identify the authorised person to whom the authority relates and, if the
authorised person is an authorised civilian, the authorised person’s
supervisor; and
(b)
state whether it is a formal variation of authority or an urgent variation of
authority; and
(c)
describe the variation; and
(d)
specify the reasons why the variation of authority is or was made; and
(e)
state the date and time when the variation of authority is or was made.
(10) 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 (9) relating to the variation of authority.