Document ID: chunk:federal_register_of_legislation:C2004A00908:clause:1_15j
Version: federal_register_of_legislation:C2004A00908
Segment Type: clause
Provision Reference: sch 1 cl 15J
Character Range: 13872–15699

15J  Application for certificate authorising a controlled operation—by whom and to whom made

 (1) An Australian law enforcement officer may apply to an authorising officer for a certificate authorising a controlled operation.

 (2) Any of the following is an authorising officer for the controlled operation:
 (a) if the operation is a major controlled operation that relates to investigating a serious Commonwealth offence, or a possible serious Commonwealth offence, the investigation of which is within the functions of the Australian Federal Police—the Commissioner or a Deputy Commissioner;
 (b) if the operation is not a major controlled operation but relates to investigating a serious Commonwealth offence, or a possible serious Commonwealth offence, the investigation of which is within the functions of the Australian Federal Police—any AFP authorising officer;
 (c) if the operation relates to investigating a serious Commonwealth offence, or a possible serious Commonwealth offence, the investigation of which is within the functions of the National Crime Authority—any NCA authorising officer.

 (2A) A major controlled operation is a controlled operation that is likely to:
 (a) involve the infiltration of an organised criminal group by one or more undercover law enforcement officers for a period of more than 7 days; or
 (b) continue for more than 3 months; or
 (c) be directed against suspected criminal activity that includes a threat to human life.

 (3) The following are AFP authorising officers:
 (a) the Commissioner;
 (b) a Deputy Commissioner;
 (c) a senior executive AFP employee who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this paragraph.

 (4) The members of the National Crime Authority are NCA authorising officers.