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CRIMES ACT 1914

The Blue Bar of the Law

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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