Criminal Investigation (Covert Powers) Act 2012

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

An application for an authority may be made —

in writing (a formal application); or

orally (an urgent application), if the applicant has reason to believe that the delay caused by making a formal application may affect the success of the operation.

A formal application must be in a physical form, signed by the applicant.

However if it is impracticable in the circumstances for a physical document to be delivered to the authorising officer, a formal application may take the form of —

a fax; or

an email or other electronic document, in which case the document need not be signed.

An urgent application may be made in person, by telephone or any other electronic means.

Nothing in this Division prevents an application for an authority being made in respect of a controlled operation that has been the subject of a previous application.

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

provide sufficient information to enable the authorising officer to decide whether or not to grant the application; and

state whether or not the proposed operation, or any other controlled operation in respect of the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority and, if so, whether or not the authority or variation was granted.

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

As soon as practicable after making an urgent application, the applicant must make a record in writing of the application and give a copy of it to the authorising officer.