11Determination of application

11 Determination of application (1) After considering an application for an authority to conduct a controlled operation, and any additional information provided under section 10(5), the chief officer of the agency: (a) may authorise the operation by granting the authority, either unconditionally or subject to conditions; or (2) An authority to conduct a controlled operation must not be granted unless the chief officer is satisfied on reasonable grounds: (a) that a relevant offence has been, is being or is likely to be committed; and

Police (Special Investigative and Other Powers) Act 2015 10 (b) that the nature and extent of the following is such as to justify the conduct of a controlled operation in the Territory (whether or not it is also conducted in another participating jurisdiction): (i) for ICAC – suspected criminal activity or suspected relevant improper conduct; (ii) otherwise – suspected criminal activity; and (c) that any unlawful conduct involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and (d) that the operation will be conducted in a way that will minimise the risk of more illicit goods being under the control of persons (other than law enforcement officers) at the end of the operation than are reasonably necessary to enable the officers to achieve the purpose of the controlled operation; and (e) that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of Division 4 to be complied with; and (f) that the operation will not be conducted in such a way that a person is likely to be induced to commit an offence against a law of any jurisdiction that the person would not otherwise have intended to commit; and (g) that any conduct involved in the operation will not: (i) seriously endanger the health or safety of any person; or (ii) cause the death of, or serious harm to, any person; or (iii) involve the commission of a sexual offence against any person; or (iv) result in unlawful loss of, or serious damage to, property (other than illicit goods); and (h) that any role assigned to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer; and (i) for the ICAC and, in the event that the operation is intended to be conducted entirely in the Territory, that the relevant improper conduct has been, is being or is likely to be committed.

Police (Special Investigative and Other Powers) Act 2015 11