sec.55AAuthorising specific intelligence operation

### sec.55A Authorising specific intelligence operation The section applies if the reference committee is satisfied that there are reasonable grounds to suspect that— a criminal organisation, or a participant in a criminal organisation, has engaged in, is engaging in, or is planning to engage in, criminal activity; or a person, regardless of whether the person holds an appointment, has engaged in, is engaging in, or is planning to engage in corruption to support or help a criminal organisation or a participant in a criminal organisation. The reference committee may authorise the commission to undertake a specific intelligence operation, including by holding hearings. The authorisation must be in writing and identify— the criminal organisation or participant to be investigated by the commission; and the suspected criminal activity or corruption; and the purpose of the intelligence operation. The authorisation may relate to any circumstances implying, or any allegations, that particular criminal activity or corruption, is reasonably suspected. The authorisation may be made by the reference committee— on its own initiative; or if asked by the senior executive officer (crime) or the senior executive officer (corruption). In this section— criminal activity means any act or omission that involves the commission of an offence. hold an appointment means hold an appointment in a unit of public administration. s 55A ins 2013 No. 45 s 11 amd 2014 No. 21 s 94 (1) sch 1 (amdt could not be given effect to the extent it subs assistant commissioner, misconduct’s with senior executive officer (corruption)’s ); 2016 No. 62 s 35 (sec.55A-ssec.1) The section applies if the reference committee is satisfied that there are reasonable grounds to suspect that— a criminal organisation, or a participant in a criminal organisation, has engaged in, is engaging in, or is planning to engage in, criminal activity; or a person, regardless of whether the person holds an appointment, has engaged in, is engaging in, or is planning to engage in corruption to support or help a criminal organisation or a participant in a criminal organisation. (sec.55A-ssec.2) The reference committee may authorise the commission to undertake a specific intelligence operation, including by holding hearings. (sec.55A-ssec.3) The authorisation must be in writing and identify— the criminal organisation or participant to be investigated by the commission; and the suspected criminal activity or corruption; and the purpose of the intelligence operation. (sec.55A-ssec.4) The authorisation may relate to any circumstances implying, or any allegations, that particular criminal activity or corruption, is reasonably suspected. (sec.55A-ssec.5) The authorisation may be made by the reference committee— on its own initiative; or if asked by the senior executive officer (crime) or the senior executive officer (corruption). (sec.55A-ssec.6) In this section— criminal activity means any act or omission that involves the commission of an offence. hold an appointment means hold an appointment in a unit of public administration. - (a) a criminal organisation, or a participant in a criminal organisation, has engaged in, is engaging in, or is planning to engage in, criminal activity; or - (b) a person, regardless of whether the person holds an appointment, has engaged in, is engaging in, or is planning to engage in corruption to support or help a criminal organisation or a participant in a criminal organisation. - (a) the criminal organisation or participant to be investigated by the commission; and - (b) the suspected criminal activity or corruption; and - (c) the purpose of the intelligence operation. - (a) on its own initiative; or - (b) if asked by the senior executive officer (crime) or the senior executive officer (corruption).