14Variation of authority

14 Variation of authority (1) The chief officer of a law enforcement agency may vary an (a) at any time on the chief officer's own initiative; or (b) on application under subsection (3). (2) However, a variation cannot be made that has the effect of extending the period of validity of an urgent authority. (3) The principal law enforcement officer for an authorised operation, or any other law enforcement officer on behalf of the principal law enforcement officer, may apply to the chief officer for a variation of an authority for any one or more of the following purposes: (a) subject to subsection (2) – to extend the period of validity of the authority; (b) to authorise additional or alternative persons to engage in controlled conduct for the purposes of the operation; (c) to authorise participants in the operation to engage in additional or alternative controlled conduct; (d) to identify additional suspects (to the extent known). (4) More than one application for a variation may be made for the same authority, but no single variation may extend the period of validity of an authority for more than 3 months at a time. (5) An application for a variation of an authority may be made: (a) in writing signed by the applicant (a formal variation application); or (b) if the applicant has reason to believe that the delay caused by making a formal variation application may affect the success of the operation – in person or by telephone, fax, email or any other means of communication (an urgent variation application). (6) The chief officer may require the applicant to provide any additional information concerning the proposed variation that is necessary for the chief officer's proper consideration of the application.

Police (Special Investigative and Other Powers) Act 2015 14 (7) After considering an application for a variation of authority, and any additional information given under subsection (6), the chief officer: (a) may vary the authority in accordance with the application, either unconditionally or subject to conditions; or (8) Section 11(2) applies to an application for a variation of authority under this section in the same way as it applies to an application for an authority under section 11(1). (9) Without limiting subsection (8), a variation of authority must not be granted unless the chief officer is satisfied on reasonable grounds that the variation will not authorise a significant alteration of the nature of the authorised operation concerned. (10) An authority may be varied: (a) in writing signed by the chief officer (a formal variation of authority); or (b) if the person granting the variation is satisfied that the delay caused by granting a formal variation of authority may affect the success of the operation – in person or by telephone, fax, email or any other means of communication (an urgent variation of authority). (11) The chief officer: (a) must ensure that written notes are kept of the following matters: (i) the date and time when the authority was varied; (ii) the identity of the law enforcement officer to whom the variation of authority was granted; and (b) must, as soon as practicable, prepare and give to the applicant a document that complies with section 15.