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CRIMES ACT 1914 SECT 15S
15S Authorising officer to report to Minister about action
taken under certificate
- (1)
- Within 3 months after a certificate authorising a
controlled operation ceases to be in force, the person
specified in subsection (4) must give to the Minister
a written report stating whether or not the controlled
operation authorised by the certificate was carried out.
- (2)
- If the controlled operation was carried out, the report
must also:
- (a)
- state the nature and quantity of narcotic goods
involved in the operation; and
- (b)
- state the route through which the narcotic goods
passed in the course of the operation; and
- (c)
- identify the agency to which any law enforcement
officer who, in the course of the operation, had
possession of the narcotic goods belonged; and
- (d)
- identify any person (other than a law enforcement
officer) who, in the course of the operation, had
possession of the narcotic goods; and
- (e)
- state whether or not the narcotic goods have been
destroyed; and
- (f)
- if the narcotic goods have not been
destroyed—contain the information specified in
subsection (3) relating to the possession of the
narcotic goods, or state that it is not known who has
possession of them.
- (3)
- If the narcotic goods have not been destroyed and the
identity of the person in whose possession they are is
known, the report must:
- (a)
- if the person is a law enforcement
officer—identify the agency to which the officer
belongs; or
- (b)
- otherwise—identify the person.
- (4)
- The report must be given:
- (a)
- if the operation was authorised by the Commissioner,
a Deputy Commissioner or a senior executive AFP
employee authorised in writing under section 15J—by
the Commissioner; or
- (b)
- if the operation was authorised by a member of the
National Crime Authority—by the Chairperson of the
Authority.
- (5)
- If the person giving the report is of the view that
disclosing the identity of a person who has, or had in the
course of the operation, possession of narcotic goods may:
- (a)
- endanger the safety of the person; or
- (b)
- prejudice an investigation or prosecution;
paragraph (2)(d) or (3)(b) is satisfied if:
- (c)
- a code name is used to refer to the person; and
- (d)
- the reason for not disclosing the identity of the
person is given.
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