sec.239Application for authority to conduct controlled operation

### sec.239 Application for authority to conduct controlled operation A law enforcement officer of a law enforcement agency may apply to the chief executive officer of the agency for authority to conduct a controlled operation on behalf of the agency. An application for an authority may be made— by way of a written document signed by the applicant (a formal application ); or if the applicant reasonably believes that the delay caused by making a formal application may affect the success of the operation—orally in person or under section 800 (an urgent application ). Nothing in this part prevents an application for an authority being made for a controlled operation that has been the subject of a previous application, but in that case the subsequent application must be a formal application. In an application, whether formal or urgent, the applicant must— provide sufficient information to enable the chief executive officer to decide whether or not to grant the application; and state— whether or not the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority; and if the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority, whether or not the authority was given or variation granted; and if the authority was given, the type of controlled operation authorised. In particular, the information mentioned in subsection (4) (a) must include the following for the proposed operation— an identifying name or number; a description of the criminal activity in relation to which it is proposed to conduct the operation; the name of each person who it is intended will act as a participant in the operation; a precise description of the controlled conduct a civilian participant will be required to engage in for the operation; a general description of the controlled conduct a law enforcement participant will be required to engage in for the operation. The chief executive officer may require the applicant to give additional information about the proposed controlled operation the chief executive officer considers appropriate for consideration of the application. As soon as practicable after making an urgent application, the applicant must make a record in writing of the application and give a copy of it to the chief executive officer. The chief executive officer may delegate powers under this section—see part 6 , division 1 . s 239 ins 2005 No. 45 s 12 (sec.239-ssec.1) A law enforcement officer of a law enforcement agency may apply to the chief executive officer of the agency for authority to conduct a controlled operation on behalf of the agency. (sec.239-ssec.2) An application for an authority may be made— by way of a written document signed by the applicant (a formal application ); or if the applicant reasonably believes that the delay caused by making a formal application may affect the success of the operation—orally in person or under section 800 (an urgent application ). (sec.239-ssec.3) Nothing in this part prevents an application for an authority being made for a controlled operation that has been the subject of a previous application, but in that case the subsequent application must be a formal application. (sec.239-ssec.4) In an application, whether formal or urgent, the applicant must— provide sufficient information to enable the chief executive officer to decide whether or not to grant the application; and state— whether or not the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority; and if the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority, whether or not the authority was given or variation granted; and if the authority was given, the type of controlled operation authorised. (sec.239-ssec.5) In particular, the information mentioned in subsection (4) (a) must include the following for the proposed operation— an identifying name or number; a description of the criminal activity in relation to which it is proposed to conduct the operation; the name of each person who it is intended will act as a participant in the operation; a precise description of the controlled conduct a civilian participant will be required to engage in for the operation; a general description of the controlled conduct a law enforcement participant will be required to engage in for the operation. (sec.239-ssec.6) The chief executive officer may require the applicant to give additional information about the proposed controlled operation the chief executive officer considers appropriate for consideration of the application. (sec.239-ssec.7) As soon as practicable after making an urgent application, the applicant must make a record in writing of the application and give a copy of it to the chief executive officer. The chief executive officer may delegate powers under this section—see part 6 , division 1 . - (a) by way of a written document signed by the applicant (a formal application ); or - (b) if the applicant reasonably believes that the delay caused by making a formal application may affect the success of the operation—orally in person or under section 800 (an urgent application ). - (a) provide sufficient information to enable the chief executive officer to decide whether or not to grant the application; and - (b) state— (i) whether or not the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority; and (ii) if the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority, whether or not the authority was given or variation granted; and (iii) if the authority was given, the type of controlled operation authorised. - (i) whether or not the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority; and - (ii) if the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority, whether or not the authority was given or variation granted; and - (iii) if the authority was given, the type of controlled operation authorised. - (i) whether or not the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority; and - (ii) if the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority, whether or not the authority was given or variation granted; and - (iii) if the authority was given, the type of controlled operation authorised. - (a) an identifying name or number; - (b) a description of the criminal activity in relation to which it is proposed to conduct the operation; - (c) the name of each person who it is intended will act as a participant in the operation; - (d) a precise description of the controlled conduct a civilian participant will be required to engage in for the operation; - (e) a general description of the controlled conduct a law enforcement participant will be required to engage in for the operation.