Crimes Act 1914

The appropriate authorising officer may, after considering an application for an authority to conduct an integrity testing operation in relation to a target agency, and any additional information provided under subsection 15JF(2):

authorise the operation by granting the authority, in writing, either unconditionally or subject to conditions; or

refuse the application.

The authorising officer must not grant the authority to conduct the integrity testing operation unless the authorising officer is satisfied that:

there are reasonable grounds to suspect that a Commonwealth offence or a State offence, punishable on conviction by imprisonment for 12 months or more, has been, is being or is likely to be committed by a staff member of the target agency (whether or not the identity of the staff member is suspected or known); and

it is appropriate in all the circumstances to conduct the operation; and

if the authorising officer is an officer of the National Anti‑Corruption Commission—in addition to the matters mentioned in paragraphs (a) and (b), the operation is part of a corruption investigation.

The authorising officer may grant an integrity testing authority even if the operation has been authorised by a previous integrity testing authority, or has been the subject of a previous application for such an authority.

The authorising officer may grant an integrity testing authority that authorises the continuation or resumption of an operation authorised by an earlier authority.

An integrity testing authority is not a legislative instrument.

See the table in section 15JE for who are the appropriate authorising officers for a proposed integrity testing operation in relation to a target agency.