sec.143Consideration and approval of application

### sec.143 Consideration and approval of application After considering the committee’s recommendations on an application for approval to conduct a controlled operation, the approving officer may approve or refuse to approve the application. The approving officer must not approve an application under section 139 , 141 or 142 if the approving officer considers, because of the way the proposed controlled operation is to be conducted, it is probable that any of the following will happen in the operation— injury to, or the death of, a person; serious damage to property; a serious loss of property; someone could be encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it. Also, the approving officer must not approve the application unless satisfied— the purpose of the proposed controlled operation is to gather evidence of a corruption offence; and a controlled operation represents an effective use of public resources for investigating the corruption offence; and any proposed covert operative for the operation has received appropriate training for the purpose; and if a proposed covert operative for the operation is not a commission officer, it is wholly impractical in the circumstances for a commission officer to perform the role the proposed covert operative is to perform in the operation; and the committee has recommended the controlled operation be approved. Subsection (1) and (3) (e) do not apply to the approval of a controlled operation mentioned in section 141 or 142 . s 143 prev s 143 om 2005 No. 45 s 67 sch 3 pres s 143 ins 2005 No. 45 s 69 amd 2014 No. 21 s 94 (1) sch 1 (sec.143-ssec.1) After considering the committee’s recommendations on an application for approval to conduct a controlled operation, the approving officer may approve or refuse to approve the application. (sec.143-ssec.2) The approving officer must not approve an application under section 139 , 141 or 142 if the approving officer considers, because of the way the proposed controlled operation is to be conducted, it is probable that any of the following will happen in the operation— injury to, or the death of, a person; serious damage to property; a serious loss of property; someone could be encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it. (sec.143-ssec.3) Also, the approving officer must not approve the application unless satisfied— the purpose of the proposed controlled operation is to gather evidence of a corruption offence; and a controlled operation represents an effective use of public resources for investigating the corruption offence; and any proposed covert operative for the operation has received appropriate training for the purpose; and if a proposed covert operative for the operation is not a commission officer, it is wholly impractical in the circumstances for a commission officer to perform the role the proposed covert operative is to perform in the operation; and the committee has recommended the controlled operation be approved. (sec.143-ssec.4) Subsection (1) and (3) (e) do not apply to the approval of a controlled operation mentioned in section 141 or 142 . - (a) injury to, or the death of, a person; - (b) serious damage to property; - (c) a serious loss of property; - (d) someone could be encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it. - (a) the purpose of the proposed controlled operation is to gather evidence of a corruption offence; and - (b) a controlled operation represents an effective use of public resources for investigating the corruption offence; and - (c) any proposed covert operative for the operation has received appropriate training for the purpose; and - (d) if a proposed covert operative for the operation is not a commission officer, it is wholly impractical in the circumstances for a commission officer to perform the role the proposed covert operative is to perform in the operation; and - (e) the committee has recommended the controlled operation be approved.