Crimes Act 1914

Part IABA - Integrity testing  

Division 2 - Integrity testing operations: authority  

SECTION 15JG   Integrity testing authorities - grant  

(1)    
The appropriate authorising officer may, after considering an application for an authority to conduct an integrity testing operation in relation to a target agency, and any additional information provided under subsection 15JF(2) :

(a)    authorise the operation by granting the authority, in writing, either unconditionally or subject to conditions; or

(b)    refuse the application.

(2)    
The authorising officer must not grant the authority to conduct the integrity testing operation unless the authorising officer is satisfied that:

(a)    there are reasonable grounds to suspect that a Commonwealth offence or a State offence, punishable on conviction by imprisonment for 12 months or more, has been, is being or is likely to be committed by a staff member of the target agency (whether or not the identity of the staff member is suspected or known); and

(b)    it is appropriate in all the circumstances to conduct the operation; and

(c)    

if the authorising officer is an officer of the National Anti-Corruption Commission - in addition to the matters mentioned in paragraphs (a) and (b), the operation is part of a corruption investigation.

(3)    
The authorising officer may grant an integrity testing authority even if the operation has been authorised by a previous integrity testing authority, or has been the subject of a previous application for such an authority.

Example:

The authorising officer may grant an integrity testing authority that authorises the continuation or resumption of an operation authorised by an earlier authority.

(4)    
An integrity testing authority is not a legislative instrument.

Note:

See the table in section 15JE for who are the appropriate authorising officers for a proposed integrity testing operation in relation to a target agency.