12Form of authority

12 Form of authority (1) An authority to conduct a controlled operation may be granted: (a) in writing signed by the chief officer of a law enforcement agency (a formal authority); or (b) if the chief officer is satisfied that the delay caused by granting a formal authority may affect the success of the operation – in person or by telephone, fax, email or any other means of communication (an urgent authority). (2) If an authority is granted for a controlled operation that was the subject of a previous authority, the subsequent authority must be a formal authority. (3) An authority must: (a) state the name and position of the person granting the (b) identify the principal law enforcement officer and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and (c) state whether the application is a formal application or an urgent application; and (d) identify each person who may engage in controlled conduct for the purposes of the operation; and (e) state the jurisdictions in which the controlled conduct is, or is likely, to be engaged in; and (f) 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 (fa) identify the nature of the criminal activity (including the suspected relevant offences), or for an authority granted by the ICAC the relevant improper conduct, in relation to which the controlled conduct is to be engaged in; and

Police (Special Investigative and Other Powers) Act 2015 12 (g) identify: (i) for participants in the operation who are law enforcement officers – the nature of the controlled conduct that those participants may engage in; and (ii) for each civilian participant – the particular controlled conduct (if any) that the participant may engage in; and (h) identify (to the extent known) any suspect; and (i) specify the period of validity of the authority, being a period not exceeding 6 months for a formal authority or 7 days for an urgent authority; and (j) specify any conditions to which the conduct of the operation is subject; and (k) state the date and time when the authority is granted; and (l) 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. (4) A person is sufficiently identified for subsection (3)(d) if: (a) the person is identified: (i) by an assumed name under which the person is operating; or (ii) by a code name or code number; and (b) the assumed name, code name or code number can be matched to the person's identity. (5) The chief officer must ensure that written notes are kept of the particulars mentioned in subsection (3) for each urgent authority.