Corruption, Crime and Misconduct Act 2003

On the application of the Commissioner of Police, the Commission may find whether or not it is satisfied that —

there are reasonable grounds for suspecting that a section 5 offence has been, or is being, committed; and

there are reasonable grounds for suspecting that there might be evidence or other information relevant to the investigation of the offence that can be obtained using exceptional powers; and

there are reasonable grounds for believing that the use of exceptional powers would be in the public interest having regard to —

whether or not the suspected offence could be effectively investigated without using the powers; and

the extent to which the evidence or other information that it is suspected might be obtained would assist in the investigation, and the likelihood of obtaining it; and

the circumstances in which the evidence or information that it is suspected might be obtained is suspected to have come into the possession of any person from whom it might be obtained.

If the Commission finds that it is satisfied that the grounds described in subsection (1) exist, the finding (an exceptional powers finding) is to be reduced to writing and a copy of it is to be given to the Commissioner of Police.