Crimes Act. Australia

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СКАЧАТЬ operation; and

      (f) specify:

      (i) with respect to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and

      (ii) with respect to the civilian participants, the particular controlled conduct (if any) that each such participant may engage in; and

      (g) identify (to the extent known) the person or persons targeted; and

      (h) specify the period of effect of the authority, being a period not exceeding 3 months; and

      (i) specify any conditions to which the conduct of the controlled operation is subject; and

      (j) state the date and time when the authority is granted; and

      (k) identify the following details (to the extent to which they are known and are relevant):

      (i) the nature and quantity of any illicit goods that will be involved in the controlled operation;

      (ii) the foreign countries through which those goods are likely to pass in the course of the controlled operation;

      (iii) the place or places at which those goods are likely to be dealt with by Customs;

      (iv) if subparagraph (iii) does not apply — the place or places where those goods are likely to enter into Australia;

      (v) the time or times when, and the day or days on which, those goods are likely to be dealt with by Customs.

      (2) An urgent authority must:

      (a) state the name and rank or position of the person who granted 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 whether the application was a formal application or an urgent 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 of the controlled operation; and

      (f) specify:

      (i) with respect to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and

      (ii) with respect to the civilian participants, the particular controlled conduct (if any) that each such participant may engage in; and

      (g) identify (to the extent known) the person or persons targeted; and

      (h) specify the period of effect of the authority, being a period not exceeding 7 days beginning on the day on which the authority was granted; and

      (i) specify any conditions to which the conduct of the operation is subject; and

      (j) state the date and time when the authority was granted.

      (3) A person is sufficiently identified for the purposes of paragraph (1)(e) or (2)(e) if the person is identified:

      (a) by an assumed name under which the person is operating; or

      (b) by a code name or code number;

      as long as the chief officer of the authorising agency for the controlled operation can match the assumed name, code name or code number to the person’s identity.

      (4) An authority must not identify persons for the purposes of paragraph (1)(e) or (2)(e) by identifying a class of persons.

      15GL Written record of urgent authority must be issued

      If an authorising officer grants an urgent authority, the authorising officer must, within 7 days, issue a written record of the urgent authority that complies with subsection 15GK(2) to the principal law enforcement officer for the controlled operation.

      15GM Change of principal law enforcement officer

      If an authorising officer in relation to a controlled operation becomes satisfied that the principal law enforcement officer for the controlled operation ceases for any reason to have responsibility for the controlled operation:

      (a) the authorising officer may, by instrument in writing, nominate another person as the principal law enforcement officer for the controlled operation; and

      (b) with effect from the execution of the instrument or such later time as is specified in the instrument, that other person becomes the principal law enforcement officer for the controlled operation.

      15GN Commencement and duration of authorities

      (1) An authority to conduct a controlled operation comes into force, and the controlled operation is taken to commence, at the time the authority is granted under section 15GI.

      (2) To avoid doubt, an urgent authority is granted when the authorising officer tells the applicant that the urgent authority is granted.

      Note: An authority is granted under subsection 15GI(1). Paragraph 15GJ(1)(b) enables an authority to be granted orally in specified circumstances.

      (3) An authority (whether formal or urgent) has effect for the period of effect specified in it under paragraph 15GK(1)(h) or (2)(h) unless:

      (a) it is cancelled before the end of the period of effect; or

      (b) in the case of a formal authority — the period of effect is extended under Subdivision B or C.

      Subdivision B

      Variation of authorities by appropriate authorising officers

      15GO Variation of authority by appropriate authorising officer

      (1) An appropriate authorising officer may vary an authority:

      (a) at any time on the authorising officer’s own initiative; or

      (b) on application under subsection 15GP(1).

      (2) A variation may:

      (a) extend the period of effect of the authority (subject to subsections (3) and (4)); or

      (b) authorise additional persons to engage in controlled conduct for the purposes of the controlled operation and specify:

      (i) with respect to additional law enforcement participants — the nature of the controlled conduct that those participants may engage in; and

      (ii) with respect to additional civilian participants — the particular controlled conduct (if any) that each such participant may engage in; or

      (c) provide that specified persons are no longer authorised to engage СКАЧАТЬ