sec.146Application to vary approval

### sec.146 Application to vary approval An authorised commission officer may apply to the approving officer for a variation of an approval for a controlled operation. However, if, the chairperson was the approving officer for the controlled operation because the operation relates to a person who is or may be a police officer, the application must be made to the chairperson. The application must be written and include enough information to enable the approving officer to properly consider whether the approval should be varied and if so how it should be varied. In particular, the application must state the following for the controlled operation— the identifying name or number for the operation; a description of the suspected corruption offence in relation to which the operation was approved; if a previous application for variation of the approval for the operation has been made under this division, whether the approval was varied because of the application; if it is intended to change particulars relating to persons who are or are intended to be covert operatives, the name of each person to whom the change relates and particulars of the change sought; if it is intended to change the description of the suspected corruption offence in relation to which the operation was approved, a description of the suspected corruption offence for which approval is sought. For subsection (4) (c) , an application made under the Police Powers and Responsibilities Act 2000 , chapter 10 , part 2 , division 4 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 4 (Variation of approval for controlled operation). The reference was changed by 2006 Act No. 26 , sections 84 and 86 . s 146 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.146-ssec.1) An authorised commission officer may apply to the approving officer for a variation of an approval for a controlled operation. (sec.146-ssec.2) However, if, the chairperson was the approving officer for the controlled operation because the operation relates to a person who is or may be a police officer, the application must be made to the chairperson. (sec.146-ssec.3) The application must be written and include enough information to enable the approving officer to properly consider whether the approval should be varied and if so how it should be varied. (sec.146-ssec.4) In particular, the application must state the following for the controlled operation— the identifying name or number for the operation; a description of the suspected corruption offence in relation to which the operation was approved; if a previous application for variation of the approval for the operation has been made under this division, whether the approval was varied because of the application; if it is intended to change particulars relating to persons who are or are intended to be covert operatives, the name of each person to whom the change relates and particulars of the change sought; if it is intended to change the description of the suspected corruption offence in relation to which the operation was approved, a description of the suspected corruption offence for which approval is sought. (sec.146-ssec.5) For subsection (4) (c) , an application made under the Police Powers and Responsibilities Act 2000 , chapter 10 , part 2 , division 4 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 4 (Variation of approval for controlled operation). The reference was changed by 2006 Act No. 26 , sections 84 and 86 . - (a) the identifying name or number for the operation; - (b) a description of the suspected corruption offence in relation to which the operation was approved; - (c) if a previous application for variation of the approval for the operation has been made under this division, whether the approval was varied because of the application; - (d) if it is intended to change particulars relating to persons who are or are intended to be covert operatives, the name of each person to whom the change relates and particulars of the change sought; - (e) if it is intended to change the description of the suspected corruption offence in relation to which the operation was approved, a description of the suspected corruption offence for which approval is sought.