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CRIMES ACT 1914 - SECT 15JG

Integrity testing authorities--grant

  (1)   The appropriate authorising officer may, after considering an application for an authority to conduct an integrity testing operation in relation to a target agency, and any additional information provided under subsection   15JF(2):

  (a)   authorise the operation by granting the authority, in writing, either unconditionally or subject to conditions; or

  (b)   refuse the application.

  (2)   The authorising officer must not grant the authority to conduct the integrity testing operation unless the authorising officer is satisfied that:

  (a)   there are reasonable grounds to suspect that a Commonwealth offence or a State offence, punishable on conviction by imprisonment for 12 months or more, has been, is being or is likely to be committed by a staff member of the target agency (whether or not the identity of the staff member is suspected or known); and

  (b)   it is appropriate in all the circumstances to conduct the operation; and

  (c)   if the authorising officer is an officer of the National Anti - Corruption Commission--in addition to the matters mentioned in paragraphs   (a) and (b), the operation is part of a corruption investigation.

  (3)   The authorising officer may grant an integrity testing authority even if the operation has been authorised by a previous integrity testing authority, or has been the subject of a previous application for such an authority.

Example:   The authorising officer may grant an integrity testing authority that authorises the continuation or resumption of an operation authorised by an earlier authority.

  (4)   An integrity testing authority is not a legislative instrument.

Note:   See the table in section   15JE for who are the appropriate authorising officers for a proposed integrity testing operation in relation to a target agency.



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