Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15gv
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15GV
Character Range: 119259–121474

15GV  Determination of application

 (1) After considering an application for a variation of a formal authority, and any additional information provided under subsection 15GU(6), the nominated Tribunal member concerned:
 (a) may vary the authority in accordance with the application, either unconditionally or subject to conditions; or
 (b) may refuse the application.

 (2) The nominated Tribunal member must not grant the variation unless the nominated Tribunal member is satisfied on reasonable grounds:
 (a) that a serious Commonwealth offence or a serious State offence that has a federal aspect has been, is being or is likely to be, committed; and
 (b) that the nature and extent of the suspected criminal activity are such as to justify the variation; and
 (c) that any unlawful conduct involved in conducting the controlled operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and
 (d) that the operation will be conducted in a way that ensures that, to the maximum extent possible, any illicit goods involved in the controlled operation will be under the control of an Australian law enforcement officer at the end of the controlled operation; and
 (e) that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of Division 4 to be complied with; and
 (f) that the controlled operation will not be conducted in such a way that a person is likely to be induced to commit a Commonwealth offence or an offence against a law of a State or Territory that the person would not otherwise have intended to commit; and
 (g) that any conduct involved in the controlled operation will not:
 (i) seriously endanger the health or safety of any person; or
 (ii) cause the death of, or serious injury to, any person; or
 (iii) involve the commission of a sexual offence against any person; or
 (iv) result in significant loss of, or serious damage to, property (other than illicit goods); and
 (h) that any role assigned to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer.

 (3) A variation is not a legislative instrument.