Law Enforcement (Controlled Operations) Regulation 2017 (2017-444) (NSW)

Law Enforcement (Controlled Operations) Regulation 2017

1 Name of Regulation This Regulation is the Law Enforcement (Controlled Operations) Regulation 2017.

2 Commencement This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Law Enforcement (Controlled Operations) Regulation 2012, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Interpretation (1) In this Regulation— the Act means the Law Enforcement (Controlled Operations) Act 1997.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) In this Regulation, a reference to a Form is a reference to a Form in or to the effect of the relevant Form set out in Schedule 1. (3) Notes included in this Regulation do not form part of this Regulation.

4 Prescribed law enforcement agencies For the purposes of paragraph (e) of the definition of law enforcement agency in section 3 (1) of the Act, the following agencies are prescribed as law enforcement agencies for the purposes of the Act— (a) the Australian Federal Police, (b) the Australian Crime Commission, (c) the Commonwealth Department of Immigration and Border Protection.

5 Application for authority (1) For the purposes of section 5 (2B) (a) of the Act, an urgent application for an authority to conduct a controlled operation (other than a cross-border controlled operation) may be made if the urgency of the circumstances render it impracticable to make a formal application.

Note— Section 20C (2) of the Act sets out the circumstances in which an urgent application for an authority to conduct a cross-border controlled operation may be made. (2) For the purposes of section 5 (2B) (d) of the Act, an applicant making an urgent application is to ensure that written notes are kept of the following information— (a) the date and time when the application was made, (b) the identity of the applicant, (c) the information given to the chief executive officer in support of the application.