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This is a Bill, not an Act. For current law, see the Acts databases.
aw Enforcement (Controlled Operations) Amendment Bill 2012 No , 2012 A Bill for An Act to amend the Law Enforcement (Controlled Operations) Act 1997 to make provision for the role of a secondary law enforcement officer in controlled operations and to amend the Surveillance Devices Act 2007 to make further provision with respect to the use of listening devices in controlled operations. Clause 1 Law Enforcement (Controlled Operations) Amendment Bill 2012 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Law Enforcement (Controlled Operations) Amendment 3 Act 2012. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 Page 2 Law Enforcement (Controlled Operations) Amendment Bill 2012 Amendment of Law Enforcement (Controlled Operations) Act 1997 No 136 Schedule 1 Schedule 1 Amendment of Law Enforcement 1 (Controlled Operations) Act 1997 No 136 2 [1] Section 3 Definitions 3 Omit the definition of principal law enforcement officer from section 3 (1). 4 Insert instead: 5 principal law enforcement officer for an authorised operation 6 means the law enforcement officer who is identified by the 7 authority for the operation as the principal law enforcement 8 officer. 9 [2] Section 3 (1), definition of "secondary law enforcement officer" 10 Insert in alphabetical order: 11 secondary law enforcement officer for an authorised operation 12 means the law enforcement officer who is identified by the 13 authority for the operation as the secondary law enforcement 14 officer. 15 [3] Section 5 Applications for authorities 16 Insert after section 5 (2A) (d): 17 (e) the names and ranks of the law enforcement officers 18 nominated to be the principal law enforcement officer and 19 the secondary law enforcement officer for the proposed 20 operation. 21 [4] Section 8 Form of authority 22 Omit section 8 (2) (b). Insert instead: 23 (b) must identify the principal law enforcement officer who is 24 the person who is to conduct, and to have responsibility 25 for, the operation, and 26 (b1) must identify the secondary law enforcement officer who 27 is the person who is to conduct, and to have responsibility 28 for, the operation whenever the principal law enforcement 29 officer is unavailable to do so, and 30 [5] Section 8 (3) 31 Insert ", (b1)" after "subsection (2) (b)". 32 Page 3 Law Enforcement (Controlled Operations) Amendment Bill 2012 Schedule 1 Amendment of Law Enforcement (Controlled Operations) Act 1997 No 136 [6] Section 10 Variation of authority 1 Insert after section 10 (1) (b): 2 (b1) to provide for an alternative secondary law enforcement 3 officer for the operation, 4 [7] Section 13B 5 Insert after section 13A: 6 13B Functions of secondary law enforcement officer 7 A function that is conferred on a principal law enforcement 8 officer for an authorised operation under Part 3 or 3A or the 9 regulations is taken to be conferred on the secondary law 10 enforcement officer for the authorised operation whenever the 11 principal law enforcement officer is unavailable to exercise the 12 function. 13 [8] Section 19 Exclusion of civil liability 14 Insert "or the secondary law enforcement officer" after "officer" wherever 15 occurring in section 19 (b) and (d) (ii). 16 [9] Section 19 17 Insert "secondary law enforcement officer," after "principal law enforcement 18 officer,". 19 [10] Section 20I Documents relating to cross-border controlled operations 20 Omit "of a principal law enforcement officer of the agency" from 21 section 20I (f). 22 Insert instead "given to the chief executive officer". 23 [11] Section 20J Register relating to cross-border controlled operations 24 Omit "the principal law enforcement officer for the operation made a report" 25 from section 20J (2) (b) (viii). 26 Insert instead "a report on the operation was made". 27 [12] Schedule 2 Savings and transitional provisions 28 Insert at the end of clause 1 (1): 29 any other Act that amends this Act 30 Page 4 Law Enforcement (Controlled Operations) Amendment Bill 2012 Consequential amendment of Law Enforcement (Controlled Operations) Schedule 2 Regulation 2012 Schedule 2 Consequential amendment of Law 1 Enforcement (Controlled Operations) 2 Regulation 2012 3 [1] Clause 12 Written notice to Ombudsman of variation of authority: 4 section 21 5 Insert "or secondary law enforcement officer" after "officer" in clause 12 (d). 6 [2] Clause 13 Written notice to Ombudsman of receipt of report of 7 authorised operation: section 21 8 Omit "from the principal law enforcement officer for the operation" from 9 clause 13 (a). 10 [3] Schedule 1 Forms 11 Insert after item 6 (a) in Form 1: 12 (a1) [Name], a law enforcement officer within the meaning of 13 the Act (the secondary law enforcement officer), may 14 conduct the controlled operation in accordance with the 15 plan of the proposed operation accompanying the 16 Application whenever the principal law enforcement 17 officer is unavailable to conduct, and to have responsibility 18 for, the operation. 19 [4] Schedule 1, Form 2 20 Insert after item 6 (a): 21 (a1) [Name], a law enforcement officer within the meaning of 22 the Act (the secondary law enforcement officer), may 23 conduct the cross-border controlled operation: 24 (i) whenever the principal law enforcement officer is 25 unavailable to conduct, and to have responsibility 26 for, the operation, and 27 (ii) in accordance with the plan of the proposed 28 operation accompanying the Application, in 29 participating jurisdictions namely: 30 [List the participating jurisdictions in which the 31 controlled conduct is, or is likely, to be engaged in] 32 [5] Schedule 1, Form 3 33 Insert after item 3 (b): 34 *(b1) to authorise [name] as the alternative secondary law 35 enforcement officer for the controlled operation. 36 Page 5 Law Enforcement (Controlled Operations) Amendment Bill 2012 Schedule 2 Consequential amendment of Law Enforcement (Controlled Operations) Regulation 2012 [6] Schedule 2 Code of conduct 1 Omit "the principal law enforcement officer for the operation" from 2 clause 4 (b). 3 Insert instead "the law enforcement officer who is conducting, and has 4 responsibility for, the operation". 5 Page 6 Law Enforcement (Controlled Operations) Amendment Bill 2012 Amendment of Surveillance Devices Act 2007 No 64 Schedule 3 Schedule 3 Amendment of Surveillance Devices Act 1 2007 No 64 2 Section 7 Prohibition on installation, use and maintenance of listening 3 devices 4 Omit section 7 (4). Insert instead: 5 (4) Subsection (1) does not apply to the use of a listening device to 6 record, monitor or listen to a private conversation if: 7 (a) a party to the private conversation is a participant in an 8 authorised operation and, in the case of a participant who 9 is a law enforcement officer, is using an assumed name or 10 assumed identity, and 11 (b) the person using the listening device is that participant or 12 another participant in that authorised operation. 13 (5) In this section: 14 authorised operation and participant in an authorised operation 15 have the same meanings as in the Law Enforcement (Controlled 16 Operations) Act 1997. 17 Note. The definition of participant in an authorised operation includes a 18 civilian participant within the meaning of the Law Enforcement 19 (Controlled Operations) Act 1997. 20 Page 7
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