10Application for authority to conduct controlled operation

10 Application for authority to conduct controlled operation (1) A law enforcement officer of a law enforcement agency may apply to the chief officer of the agency for an authority to conduct a controlled operation on behalf of the agency. (2) An application for an authority may be made: (a) in writing signed by the applicant (a formal application); or

Police (Special Investigative and Other Powers) Act 2015 9 (b) if the applicant has reason to believe that the delay caused by making a formal application may affect the success of the operation – in person or by telephone, fax, email or any other means of communication (an urgent application). (3) If an application is made for an authority for a controlled operation that was the subject of a previous application, the subsequent application must be a formal application. (4) In an application, the applicant must: (a) provide sufficient information to enable the chief officer to decide whether or not to grant the authority applied for; and (b) state whether the proposed operation, or any other controlled operation relating to the same criminal activity, has been the subject of an earlier application for an authority or a variation of an authority and, if so, whether the authority was granted or varied. (5) The chief officer may require the applicant to provide any additional information concerning the proposed controlled operation that is necessary for the chief officer's proper consideration of the application. (6) 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 officer.