Section 10 - Law Enforcement (Controlled Operations) Act 1997 - Variation of authority

10Variation of authority

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10 Variation of authority

(1) The principal law enforcement officer for an authorised operation, or any other law enforcement officer on behalf of the principal law enforcement officer, may apply to the chief executive officer for a variation of an authority for any one or more of the following purposes—

(a) to extend the period for which the authority has effect,

(b) to provide for an alternative principal law enforcement officer for the operation,

(b1) to provide for an alternative secondary law enforcement officer for the operation,

(c) to authorise additional or alternative persons to engage in controlled activities for the purposes of the operation,

(d) to authorise participants in the operation to engage in additional or alternative controlled activities.

(1A) More than one application for a variation may be made in respect of the same authority, but no single variation may extend an authority for more than 6 months at a time.

(1B) An application for a variation of an authority may be made—

(a) by means of a written document, signed by the applicant, or by means of a facsimile transmission of a document so signed (a formal application), or

(b) by such other means as are available, including (but not limited to) orally in person, by telephone or by 2-way radio (an urgent application).

(1C) The regulations may make provision for or with respect to the following matters—

(a) the circumstances in which an urgent application may be made,

(b) the procedure for making an urgent application,

(c) the extent to which a chief executive officer is to be satisfied as to the validity of the circumstances in which an urgent application is made,

(d) the keeping of records in relation to an urgent application,

(e) the form in which a formal application may be made.

(2) The chief executive officer may require the applicant to furnish such information concerning the proposed variation as is necessary for the chief executive officer’s proper consideration of the application.