Western Australian Current Acts

CRIMINAL INVESTIGATION (COVERT POWERS) ACT 2012 - SECT 52

52 .         Cancellation of authority

        (1)         The authorising officer who grants an authority must cancel the authority if the authorising officer is satisfied, on a review under section 53 or otherwise, that use of the assumed identity is no longer necessary.

        (2)         The authorising officer must give notice of the cancellation to —

            (a)         the authorised person to whom it relates; and

            (b)         if the authorised person is an authorised civilian, the authorised person’s supervisor.

        (3)         The notice must be given —

            (a)         in writing (a formal cancellation of authority ); or

            (b)         orally (an urgent cancellation of authority ), if the authorising officer is satisfied that the delay caused by making a formal cancellation of authority may affect the success of a law enforcement operation or is otherwise urgently required.

        (4)         A formal cancellation of authority must be in a physical form, signed by the authorising officer.

        (5)         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 cancellation 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.

        (6)         An urgent cancellation of authority may be made in person, by telephone or any other electronic means.

        (7)         A cancellation of authority takes effect —

            (a)         in the case of a formal cancellation 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.

        (8)         A cancellation 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 cancellation of authority or an urgent cancellation of authority; and

            (c)         state the date and time when the cancellation of authority is or was made.

        (9)         The authorising officer must, as soon as practicable after making an urgent cancellation of authority, make a record in writing of the particulars referred to in subsection (8) relating to the cancellation of authority.