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

Schedule 1   Controlled Operations

Crimes Act 1914

28   After section 15O

Insert:

15OA Termination of certificate

(1) Any AFP authorising officer may terminate a certificate given under section 15M by that or any other AFP authorising officer.

(2) Any NCA authorising officer may terminate a certificate given under section 15M by that or any other NCA authorising officer.

(4) The AFP authorising officer or NCA authorising officer (as the case requires) must send written notice of the termination to the Australian law enforcement officer in charge of the controlled operation to which the certificate relates.

(5) The notice:

(a) must state that the certificate is terminated; and

(b) must be signed by the AFP authorising officer or NCA authorising officer (as the case requires); and

(c) must specify the time when the notice is to have effect.

15OB Expiry of certificate after 6 months or 3 months

(1) A certificate given under section 15M expires at the end of the period of 6 months after the day on which it was given, unless subsection (2) applies.

(2) A certificate given under section 15M expires at the end of the period of 3 months after the day on which it was given unless, during the period, a nominated Tribunal member has:

(a) reviewed the certificate; and

(b) decided that the certificate should be in force for 6 months.

Note: A certificate can also cease to be in force after a time specified in the certificate: see paragraph 15P(3)(a).

(3) The certificate must be reviewed by a nominated Tribunal member during the last 2 weeks of the period of 3 months after the day on which the certificate was given under section 15M. The nominated Tribunal member must decide whether the certificate should be in force for 6 months.

(4) The nominated Tribunal member must not decide that the certificate should be in force for 6 months unless he or she is reasonably satisfied as to all the matters referred to in paragraphs 15M(a) to (h).

(5) The nominated Tribunal member must give written notice of his or her decision on the review to the Australian law enforcement officer in charge of the controlled operation to which the certificate relates.