sec.139Application for approval

### sec.139 Application for approval An authorised commission officer may apply to the approving officer for approval to conduct an operation under this part ( controlled operation ). The approving officer must be the chairperson or a senior executive officer. However, if a person to be investigated under a proposed controlled operation is or may be a police officer— the application must be made to the chairperson; and the chairperson is the approving officer for the proposed operation. The application must be written and include enough information to enable the approving officer to properly consider whether the proposed operation should be approved. In particular, the application must state the following for the proposed controlled operation— an identifying name or number; a description of the suspected corruption offence in relation to which it is proposed to conduct the operation; if a previous application relating to the same corruption offence has been made under this division, whether the application was approved or refused; the name of each person who it is intended will act as a covert operative for the operation; a precise description of each otherwise unlawful activity a covert operative who is not a commission officer may be required to engage in as part of the operation; a description of the general classes of otherwise unlawful activities a covert operative who is a commission officer may be required to engage in as part of the operation. For subsection (5) (c) , an application made under the Police Powers and Responsibilities Act 2000 , chapter 10 , part 2 , division 3 as in force at any time before the commencement of this section is taken to have been made under this division. As previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , chapter 5 (Controlled operations and controlled activities), part 2 (Controlled operations), division 3 (Approval of controlled operations). The reference was changed by 2006 Act No. 26 , sections 84 and 86 . s 139 prev s 139 om 2005 No. 45 s 67 sch 3 pres s 139 ins 2005 No. 45 s 69 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) (sec.139-ssec.1) An authorised commission officer may apply to the approving officer for approval to conduct an operation under this part ( controlled operation ). (sec.139-ssec.2) The approving officer must be the chairperson or a senior executive officer. (sec.139-ssec.3) However, if a person to be investigated under a proposed controlled operation is or may be a police officer— the application must be made to the chairperson; and the chairperson is the approving officer for the proposed operation. (sec.139-ssec.4) The application must be written and include enough information to enable the approving officer to properly consider whether the proposed operation should be approved. (sec.139-ssec.5) In particular, the application must state the following for the proposed controlled operation— an identifying name or number; a description of the suspected corruption offence in relation to which it is proposed to conduct the operation; if a previous application relating to the same corruption offence has been made under this division, whether the application was approved or refused; the name of each person who it is intended will act as a covert operative for the operation; a precise description of each otherwise unlawful activity a covert operative who is not a commission officer may be required to engage in as part of the operation; a description of the general classes of otherwise unlawful activities a covert operative who is a commission officer may be required to engage in as part of the operation. (sec.139-ssec.6) For subsection (5) (c) , an application made under the Police Powers and Responsibilities Act 2000 , chapter 10 , part 2 , division 3 as in force at any time before the commencement of this section is taken to have been made under this division. As previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , chapter 5 (Controlled operations and controlled activities), part 2 (Controlled operations), division 3 (Approval of controlled operations). The reference was changed by 2006 Act No. 26 , sections 84 and 86 . - (a) the application must be made to the chairperson; and - (b) the chairperson is the approving officer for the proposed operation. - (a) an identifying name or number; - (b) a description of the suspected corruption offence in relation to which it is proposed to conduct the operation; - (c) if a previous application relating to the same corruption offence has been made under this division, whether the application was approved or refused; - (d) the name of each person who it is intended will act as a covert operative for the operation; - (e) a precise description of each otherwise unlawful activity a covert operative who is not a commission officer may be required to engage in as part of the operation; - (f) a description of the general classes of otherwise unlawful activities a covert operative who is a commission officer may be required to engage in as part of the operation.