Criminal Investigation (Covert Powers) Act 2012

An authority to conduct a controlled operation must not be granted unless the authorising officer is satisfied on reasonable grounds —

that a relevant offence has been, is being or is likely to be committed; and

that the authority is within the administrative responsibility of the law enforcement agency; and

that any unlawful conduct involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and

that the operation will be conducted in a way that will minimise the risk of more illicit goods being under the control of persons, other than law enforcement officers, at the end of the operation than are reasonably necessary to enable the officers to achieve the purpose of the controlled operation; and

that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of Division 4 to be complied with; and

that the operation does not involve any participant in the operation inducing or encouraging another person to engage in criminal activity of a kind that the other person could not reasonably have been expected to engage in unless so induced or encouraged; and

that any conduct involved in the operation will not —

seriously endanger the health or safety of any person; or

cause the death of, or serious injury to, any person; or

involve the commission of a sexual offence against any person; or

result in unlawful loss of or serious damage to property (other than illicit goods).

A person must not be authorised to participate in a controlled operation unless the authorising officer is satisfied that the person has the appropriate skills or training to participate in the operation.

A civilian participant —

must not be authorised to participate in any aspect of a controlled operation unless the authorising officer is satisfied that it is wholly impracticable for a law enforcement participant to participate in that aspect of the operation; and

must not be authorised to engage in controlled conduct unless the authorising officer is satisfied that it is wholly impracticable for the civilian participant to participate in the aspect of the controlled operation referred to in paragraph (a) without engaging in that conduct.