Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15go
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15GO
Character Range: 106244–107835

15GO  Variation of authority by appropriate authorising officer

 (1) An appropriate authorising officer may vary an authority:
 (a) at any time on the authorising officer's own initiative; or
 (b) on application under subsection 15GP(1).

 (2) A variation may:
 (a) extend the period of effect of the authority (subject to subsections (3) and (4)); or
 (b) authorise additional persons to engage in controlled conduct for the purposes of the controlled operation and specify:
 (i) with respect to additional law enforcement participants—the nature of the controlled conduct that those participants may engage in; and
 (ii) with respect to additional civilian participants—the particular controlled conduct (if any) that each such participant may engage in; or
 (c) provide that specified persons are no longer authorised to engage in controlled conduct for the purposes of the controlled operation; or
 (d) authorise participants in the controlled operation to engage in additional or alternative controlled conduct.

 (3) A variation cannot be made that has the effect of extending the period of effect of an urgent authority.

 (4) A formal authority must not be varied in such a way that the period of effect of the authority will, after the variation is made, exceed 3 months (including any previous extensions).

 (5) An authority must not be varied unless the authorising officer is satisfied on reasonable grounds that the variation will not authorise a significant alteration of the nature of the controlled operation concerned.

 (6) A variation is not a legislative instrument.