Crimes (Controlled Operations) Act 2004

An authority to conduct a controlled operation may be granted—

by means of a written document, signed by the chief officer (a formal authority); or

if the chief officer is satisfied that the delay caused by granting a formal authority may affect the success of the operation—orally in person or by telephone, fax, e-mail or any other means of communication (an urgent authority).

Nothing in this Part prevents an authority being granted in respect of a controlled operation that has been the subject of a previous authority, but if the previous authority was an urgent authority, the subsequent authority must be a formal authority.

An authority, whether formal or urgent, must—

state the name and rank or position of the person granting the authority; and

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

state whether the application is a formal application or an urgent application; and

state whether the operation authorised by the authority is a cross-border controlled operation, a local major controlled operation or a local minor controlled operation; and

identify each person who may engage in controlled conduct for the purposes of the operation; and

in the case of a cross-border controlled operation, state the participating jurisdictions in which the controlled conduct is, or is likely, to be engaged in; and

identify the nature of the criminal activity (including the suspected offences) in respect of which the controlled conduct is to be engaged in; and

identify—

with respect to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and

with respect to the civilian participants (if any), the particular controlled conduct that each of those participants may engage in; and

identify (to the extent known) any suspect; and

specify the period of validity of the authority in accordance with section 19; and

specify any conditions to which the conduct of the operation is subject; and

state the date and time when the authority is granted; and

identify (to the extent known)—

the nature and quantity of any illicit goods that will be involved in the operation; and

the route through which those goods will pass in the course of the operation.

A person is sufficiently identified for the purposes of subsection (3)(e) if the person is identified—

by an assumed name under which the person is operating; or

by a code name or code number—

The chief officer must ensure that written notes are kept of the particulars referred to in subsection (3) for each urgent authority.