South Australian Consolidated Acts

CRIMINAL INVESTIGATION (COVERT OPERATIONS) ACT 2009 - SECT 4

4—Approval of undercover operations

        (1)         A senior police officer may approve undercover operations for the purpose of gathering evidence of serious criminal behaviour.

        (2)         An approval may not be given unless the senior police officer—

            (a)         suspects, on reasonable grounds, that persons (whose identity may—but need not—be known to the officer) have engaged, are engaging or are about to engage in serious criminal behaviour of the kind to which the proposed undercover operations relate; and

            (b)         is satisfied on reasonable grounds that the ambit of the proposed undercover operations is not more extensive than could reasonably be justified in view of the nature and extent of the suspected serious criminal behaviour; and

            (c)         is satisfied on reasonable grounds that the means are proportionate to the end; that is, that the proposed undercover operations are justified by the social harm of the serious criminal behaviour against which they are directed; and

            (d)         is satisfied on reasonable grounds that the undercover operations are properly designed to provide persons who have engaged, or are engaging or about to engage, in serious criminal behaviour an opportunity—

                  (i)         to manifest that behaviour; or

                  (ii)         to provide other evidence of that behaviour,

without undue risk that persons without a predisposition to serious criminal behaviour will be encouraged into serious criminal behaviour that they would otherwise have avoided.

        (3)         Before giving approval, the senior police officer must consider whether approval for similar operations has previously been sought, and, if sought and refused, the reasons for that refusal.

        (4)         The approval must—

            (a)         be in writing; and

            (b)         be signed by the senior police officer giving the approval; and

            (c)         specify—

                  (i)         the date and time of the signing, and the time from which the approval takes effect (which may be contemporaneous with or later than the time of signing but cannot be earlier); and

                  (ii)         the persons who are authorised to participate in the operations; and

                  (iii)         the nature of the conduct in which the participants are authorised to engage; and

                  (iv)         a period (not exceeding 3 months) for which the approval is given.

        (5)         A senior police officer may renew, from time to time, an approval for 1 or more further periods.

        (6)         A senior police officer must, within 14 days after giving or renewing an approval, cause a copy of the instrument of approval or renewal to be given to the Attorney-General.

        (7)         In this section—

"senior police officer" means a police officer of or above the rank of Superintendent.