sec.245Form of authority

### sec.245 Form of authority An authority to conduct a controlled operation may be granted— by way of a written document, signed by the chief executive officer (a formal authority ); or if the chief executive officer is satisfied that the delay caused by granting a formal authority may affect the success of the operation—orally in person or under section 801 (an urgent authority ). This part does not stop an authority being granted for a controlled operation that has been the subject of a previous authority, but in that case the subsequent authority must be a formal authority. An authority, whether formal or urgent, must— state an identifying name or number for the operation; and state the name and rank or position of the person granting the authority; and state the name of the principal law enforcement officer for the operation and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and state whether the application was a formal application or an urgent application; and identify each person who may engage in controlled conduct for the purposes of the operation; and state the participating jurisdiction in which the controlled conduct is, or is likely to be, engaged in; and identify the nature of the criminal activity, including the suspected relevant offences, in relation to which the controlled conduct is to be engaged in; and identify— in relation to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and in relation to the civilian participants, the particular controlled conduct, if any, that each of the participants may engage in; and identify, to the extent known, any suspect; and state the period of validity of the authority, of not more than 6 months for a formal authority or 7 days for an urgent authority; and state any conditions to which the conduct of the operation is subject; and state the date and time when the authority is granted; and identify, to the extent known— the nature and quantity of any illicit goods that will be involved in the operation; and the route through which those goods will pass in the course of the operation. A person is sufficiently identified for subsection (3) (e) if the person is identified— by an assumed name under which the person is operating; or by a code name or code number; if the assumed name, code name or code number can be matched to the person’s identity. The chief executive officer must ensure that written notes are kept of the particulars mentioned in subsection (3) for each urgent authority and issue a written authority to the applicant as soon as practicable. The chief executive officer may delegate powers under this section—see part 6 , division 1 . s 245 ins 2005 No. 45 s 12 (sec.245-ssec.1) An authority to conduct a controlled operation may be granted— by way of a written document, signed by the chief executive officer (a formal authority ); or if the chief executive officer is satisfied that the delay caused by granting a formal authority may affect the success of the operation—orally in person or under section 801 (an urgent authority ). (sec.245-ssec.2) This part does not stop an authority being granted for a controlled operation that has been the subject of a previous authority, but in that case the subsequent authority must be a formal authority. (sec.245-ssec.3) An authority, whether formal or urgent, must— state an identifying name or number for the operation; and state the name and rank or position of the person granting the authority; and state the name of the principal law enforcement officer for the operation and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and state whether the application was a formal application or an urgent application; and identify each person who may engage in controlled conduct for the purposes of the operation; and state the participating jurisdiction in which the controlled conduct is, or is likely to be, engaged in; and identify the nature of the criminal activity, including the suspected relevant offences, in relation to which the controlled conduct is to be engaged in; and identify— in relation to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and in relation to the civilian participants, the particular controlled conduct, if any, that each of the participants may engage in; and identify, to the extent known, any suspect; and state the period of validity of the authority, of not more than 6 months for a formal authority or 7 days for an urgent authority; and state any conditions to which the conduct of the operation is subject; and state the date and time when the authority is granted; and identify, to the extent known— the nature and quantity of any illicit goods that will be involved in the operation; and the route through which those goods will pass in the course of the operation. (sec.245-ssec.4) A person is sufficiently identified for subsection (3) (e) if the person is identified— by an assumed name under which the person is operating; or by a code name or code number; if the assumed name, code name or code number can be matched to the person’s identity. (sec.245-ssec.5) The chief executive officer must ensure that written notes are kept of the particulars mentioned in subsection (3) for each urgent authority and issue a written authority to the applicant as soon as practicable. 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 chief executive officer (a formal authority ); or - (b) if the chief executive officer is satisfied that the delay caused by granting a formal authority may affect the success of the operation—orally in person or under section 801 (an urgent authority ). - (a) state an identifying name or number for the operation; and - (b) state the name and rank or position of the person granting the authority; and - (c) state the name of the principal law enforcement officer for the operation and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and - (d) state whether the application was a formal application or an urgent application; and - (e) identify each person who may engage in controlled conduct for the purposes of the operation; and - (f) state the participating jurisdiction in which the controlled conduct is, or is likely to be, engaged in; and - (g) identify the nature of the criminal activity, including the suspected relevant offences, in relation to which the controlled conduct is to be engaged in; and - (h) identify— (i) in relation to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and (ii) in relation to the civilian participants, the particular controlled conduct, if any, that each of the participants may engage in; and - (i) in relation to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and - (ii) in relation to the civilian participants, the particular controlled conduct, if any, that each of the participants may engage in; and - (i) identify, to the extent known, any suspect; and - (j) state the period of validity of the authority, of not more than 6 months for a formal authority or 7 days for an urgent authority; and - (k) state any conditions to which the conduct of the operation is subject; and - (l) state the date and time when the authority is granted; and - (m) identify, to the extent known— (i) the nature and quantity of any illicit goods that will be involved in the operation; and (ii) the route through which those goods will pass in the course of the operation. - (i) the nature and quantity of any illicit goods that will be involved in the operation; and - (ii) the route through which those goods will pass in the course of the operation. - (i) in relation to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and - (ii) in relation to the civilian participants, the particular controlled conduct, if any, that each of the participants may engage in; and - (i) the nature and quantity of any illicit goods that will be involved in the operation; and - (ii) the route through which those goods will pass in the course of the operation. - (a) by an assumed name under which the person is operating; or - (b) by a code name or code number;