Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
CRIME AND CORRUPTION ACT 2001 - SECT 143
Consideration and approval of application
143 Consideration and approval of application
(1) After considering the committee’s recommendations on an application for
approval to conduct a controlled operation, the approving officer may approve
or refuse to approve the application.
(2) The approving officer must not
approve an application under section 139 , 141 or 142 if the approving officer
considers, because of the way the proposed controlled operation is to be
conducted, it is probable that any of the following will happen in the
operation— (a) injury to, or the death of, a person;
(b) serious damage to
property;
(c) a serious loss of property;
(d) someone could be encouraged or
induced by a covert operative to engage in criminal activity of a kind the
person could not reasonably be expected to have engaged in if not encouraged
or induced by the covert operative to engage in it.
(3) Also, the approving
officer must not approve the application unless satisfied— (a) the purpose
of the proposed controlled operation is to gather evidence of a corruption
offence; and
(b) a controlled operation represents an effective use of public
resources for investigating the corruption offence; and
(c) any proposed
covert operative for the operation has received appropriate training for the
purpose; and
(d) if a proposed covert operative for the operation is not a
commission officer, it is wholly impractical in the circumstances for a
commission officer to perform the role the proposed covert operative is to
perform in the operation; and
(e) the committee has recommended the
controlled operation be approved.
(4) Subsection (1) and (3) (e) do not apply
to the approval of a controlled operation mentioned in section 141 or 142 .
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback