Criminal Investigation (Covert Powers) Act 2012

An authority must be —

in writing (a formal authority); or

orally (an urgent authority), if the authorising officer is satisfied that the delay caused by granting a formal authority may affect the success of a law enforcement operation.

A formal authority must be in a physical form, signed by the authorising officer.

However if it is impracticable in the circumstances for a physical document to be delivered to the applicant, a formal authority 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 authority may be granted in person, by telephone or any other electronic means.

An authority, whether formal or urgent, must state all of the following —

the name of the person granting the authority;

the date of the authority;

whether the authority is a formal authority or an urgent authority;

if the authority is an urgent authority, the period of validity of the authority, being a period not exceeding 7 days;

details of the assumed identity authorised;

details of any evidence of the assumed identity that may be acquired under the authority;

the conditions (if any) to which the authority is subject;

why the authority is granted;

if the authority relates to an authorised officer, the name of the officer (or if there is more than one, the name of each officer);

if the authority relates to an authorised civilian —

the name of the authorised civilian; and

the name of his or her supervisor under the authority; and

in the case of a formal authority, the period of validity of the authority, being a period not exceeding 3 months.

The authority must also state all of the following —

each issuing agency to which a request may be made under section 58 or 69;

whether it authorises an application for an order for an entry in the Register under section 54 or in a register of births, deaths or marriages (however described) under a corresponding law;

each participating jurisdiction in which an assumed identity may be used.

The authorising officer must, as soon as practicable after granting an urgent authority, make a record in writing of the particulars referred to in subsection (5) relating to the authority.