Crimes Act. Australia
Чтение книги онлайн.

Читать онлайн книгу Crimes Act - Australia страница 37

Название: Crimes Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086412

isbn:

СКАЧАТЬ Applications for authorities to conduct controlled operations

      (1) An Australian law enforcement officer of a law enforcement agency may apply to an authorising officer for an authority to conduct a controlled operation on behalf of the law enforcement agency.

      (2) An application for an authority may be made:

      (a) by means of a written document signed by the applicant (such an application is a formal application); or

      (b) if the applicant has reason to believe that the delay caused by making a formal application may affect the success of the controlled operation — orally in person, or by telephone or any other means of communication (such an application is an urgent application).

      (3) Nothing in this Part prevents an application for an authority being made in respect of a controlled operation that has been the subject of a previous application, but in that case the subsequent application must be a formal application.

      Note: An urgent authority can be varied, but not so as to extend its duration — see sections 15GO and 15GS.

      (4) An application (whether formal or urgent) 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 controlled operation, or any other controlled operation with respect to the same criminal activity, has been the subject of an earlier application (whether formal or urgent) for an authority or variation of an authority and, if so, whether or not the authority was given or the variation granted; and

      (c) state the proposed period of effect of the authority, which must not exceed:

      (i) in the case of a formal application — 3 months; and

      (ii) in the case of an urgent application — 7 days.

      (5) An authorising officer may require an applicant to provide such additional information concerning the proposed controlled operation as is necessary for the proper consideration of the application.

      (6) As soon as practicable after making an urgent application that was not made in writing, the applicant must make a written record of the application and give a copy of it to the authorising officer to whom the application was made.

      15GI Determination of applications

      (1) An authorising officer may, after considering an application for an authority to conduct a controlled operation, and any additional information provided under subsection 15GH(5):

      (a) authorise the controlled operation by granting the authority, either unconditionally or subject to conditions; or

      (b) refuse the application.

      (2) An authorising officer must not grant an authority to conduct a controlled operation unless the authorising officer is satisfied on reasonable grounds:

      (a) that a serious Commonwealth offence or a serious State offence that has a federal aspect has been, is being or is likely to be, committed; and

      (b) that the nature and extent of the suspected criminal activity are such as to justify the conduct of a controlled operation; and

      (c) that any unlawful conduct involved in conducting the controlled operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and

      (d) that the operation will be conducted in a way that ensures that, to the maximum extent possible, any illicit goods involved in the controlled operation will be under the control of an Australian law enforcement officer at the end of the controlled operation; and

      (e) that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of Division 4 to be complied with; and

      (f) that the controlled operation will not be conducted in such a way that a person is likely to be induced to commit a Commonwealth offence or an offence against a law of a State or Territory that the person would not otherwise have intended to commit; and

      (g) that any conduct involved in the controlled operation will not:

      (i) seriously endanger the health or safety of any person; or

      (ii) cause the death of, or serious injury to, any person; or

      (iii) involve the commission of a sexual offence against any person; or

      (iv) result in significant loss of, or serious damage to, property (other than illicit goods); and

      (h) that any role assigned to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer.

      (3) To avoid doubt, an authorising officer may authorise a particular controlled operation only if he or she is an authorising officer for the controlled operation within the meaning of section 15GF.

      (4) An authority granted under this section is not a legislative instrument.

      15GJ Manner of granting authority

      (1) An authority to conduct a controlled operation may be granted:

      (a) in the case of a formal application (other than a formal application referred to in subparagraph (b)(ii)) — by means of a written document, signed by the authorising officer (such an authority is a formal authority); or

      (b) in the case of:

      (i) an urgent application; or

      (ii) a formal application, if the authorising officer is satisfied that the delay caused by granting a formal authority may affect the success of the controlled operation;

      orally in person, or by telephone or any other means of communication (such an authority is an urgent authority).

      (2) Nothing in this Part prevents an authority being granted in respect of a controlled operation that has been the subject of a previous authority, but in that case the subsequent authority must be a formal authority.

      Note: An urgent authority can be varied, but not so as to extend its duration — see sections 15GO and 15GS.

      15GK Form of authority

      (1) A formal authority must:

      (a) state the name and rank or position of the person granting the authority; and

      (b) identify the principal law enforcement officer for the controlled operation and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and

      (c) state that the application was a formal application; and

      (d) identify the nature of the criminal activity (including the suspected serious Commonwealth offences and serious State offences that have a federal aspect) in respect of which the controlled conduct is to be engaged in; and

      (e) state the identity of the persons authorised to engage in controlled conduct for the purposes СКАЧАТЬ