Tobacco and Other Smoking Products Act 1998
sec.208BAuthorisation of controlled purchase operation
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sec.208B Authorisation of controlled purchase operation
The chief executive may, by notice in writing, authorise an operation (a controlled purchase operation ) the intended purpose of which is to provide a person with an opportunity to commit or to attempt to commit a prescribed offence. However, the chief executive may not authorise a controlled purchase operation unless the chief executive is satisfied— a prescribed offence has been, is being, or is likely to be committed; and the nature and extent of the prescribed offence mentioned in paragraph (a) justifies the operation; and the operation will not be conducted in a way that makes it likely for a person to be induced to commit a prescribed offence, or any other offence, that the person would not otherwise have intended to commit; and any conduct involved in the operation will not seriously endanger the health or safety of any person; and the operation will be conducted in a way that will ensure the chief executive is immediately notified if a controlled purchase officer engages in— conduct that may seriously endanger the health or safety of any person; or conduct that may not be authorised under the authority to conduct the operation; and each controlled purchase officer proposed to participate in the operation has received appropriate training for the purpose. s 208B ins 2025 No. 27 s 22 (sec.208B-ssec.1) The chief executive may, by notice in writing, authorise an operation (a controlled purchase operation ) the intended purpose of which is to provide a person with an opportunity to commit or to attempt to commit a prescribed offence. (sec.208B-ssec.2) However, the chief executive may not authorise a controlled purchase operation unless the chief executive is satisfied— a prescribed offence has been, is being, or is likely to be committed; and the nature and extent of the prescribed offence mentioned in paragraph (a) justifies the operation; and the operation will not be conducted in a way that makes it likely for a person to be induced to commit a prescribed offence, or any other offence, that the person would not otherwise have intended to commit; and any conduct involved in the operation will not seriously endanger the health or safety of any person; and the operation will be conducted in a way that will ensure the chief executive is immediately notified if a controlled purchase officer engages in— conduct that may seriously endanger the health or safety of any person; or conduct that may not be authorised under the authority to conduct the operation; and each controlled purchase officer proposed to participate in the operation has received appropriate training for the purpose.
- (a) a prescribed offence has been, is being, or is likely to be committed; and
- (b) the nature and extent of the prescribed offence mentioned in paragraph (a) justifies the operation; and