Measures to Combat Serious and Organised Crime Act 2001 (136 of 2001)

Schedule 1   Controlled Operations

Crimes Act 1914

27   After section 15N

Insert:

15NA Variation of certificate

(1) An Australian law enforcement officer may apply to an appropriate authorising officer for variation of a certificate given under section 15M.

(2) The application must:

(a) be in writing signed by the applicant; and

(b) contain, or be accompanied by, such information, in writing, as the appropriate authorising officer requires to decide whether or not to grant the application.

(3) If the application complies with this section, the appropriate authorising officer may vary the certificate if he or she is reasonably satisfied that:

(a) the certificate as varied could have been given under section 15M; and

(b) the variation is necessary for:

(i) the success of the controlled operation; or

(ii) the protection of the health or safety of any person; or

(iii) the protection of property from loss or damage; or

(iv) ensuring that all those involved in the operation have appropriate exemption under section 15I and appropriate indemnity under section 15IA.

(4) The appropriate authorising officer must give the applicant a written notice:

(a) stating whether the certificate is varied; and

(b) if the certificate is varied - setting out each variation.

(5) A variation of the certificate takes effect when the notice is given.