Law Enforcement (Controlled Operations) Act 1997

A law enforcement officer for a law enforcement agency may apply to the chief executive officer of the agency for authority to conduct a controlled operation on behalf of the agency.

An application for an authority may be made—

by means of a written document, signed by the applicant, or by means of a facsimile transmission of a document so signed (a formal application), or

by such other means as are available, including (but not limited to) orally in person, by telephone or by 2-way radio (an urgent application).

In any application, whether formal or urgent, the applicant must provide the following particulars—

a plan of the proposed operation,

the nature of the criminal activity or corrupt conduct in respect of which the proposed operation is to be conducted,

the nature of the controlled activity in respect of which an authority is sought,

a statement of whether or not the proposed operation, or any other controlled operation with respect to the same criminal activity or corrupt conduct, has been the subject of an earlier application for an authority or variation of an authority and, if so, whether or not the authority was given or variation granted,

the names and ranks of the law enforcement officers nominated to be the principal law enforcement officer and the secondary law enforcement officer for the proposed operation,

details of the proposed use of a listening device or optical surveillance device (within the meaning of the Surveillance Devices Act 2007) if the use will be carried out other than in accordance with a surveillance device warrant under that Act.

The regulations may make provision for or with respect to the following matters—

the circumstances in which an urgent application may be made,

the procedure for making an urgent application,

the extent to which a chief executive officer is to be satisfied as to the validity of the circumstances in which an urgent application is made,

the keeping of records in relation to an urgent application,

the form in which a formal application may be made.

The chief executive officer may require the applicant to furnish such additional information concerning the proposed controlled operation as is necessary for the chief executive officer’s proper consideration of the application.