(2) For the purposes of paragraph (1)(f), the period of the extension must not exceed:
(a) in the case of a formal variation of authority — the period that would result in the period of effect of the authority exceeding 3 months (including any previous extensions); and
(b) in the case of an urgent variation of authority — the lesser of:
(i) 7 days; and
(ii) a period that would result in the period of effect of the authority exceeding 3 months (including any previous extensions).
Subdivision C
Variations of authorities by nominated Tribunal member: extensions beyond 3 months
15GT Variation of formal authority to extend period of effect beyond 3 months
(1) A nominated Tribunal member may vary a formal authority on application under subsection 15GU(1).
(2) Subject to subsection (3), a variation may extend the period of effect of the authority.
(3) For the purposes of subsection (2), the period of the extension must not exceed the lesser of:
(a) 3 months; and
(b) a period that would result in the period of effect of the authority exceeding 24 months (including any previous extensions under this Subdivision or Subdivision B).
(4) A nominated Tribunal member may only vary a formal authority during the period of 2 weeks before the end of the period of effect of the authority.
15GU Application to nominated Tribunal member
(1) The principal law enforcement officer for a controlled operation for which there is a formal authority, or any other Australian law enforcement officer acting on behalf of the principal law enforcement officer, may apply to a nominated Tribunal member for a variation of the authority that would extend its period of effect:
(a) if the period of effect of the authority is 3 months or more (including any previous extensions); or
(b) in such a way that the period of effect of the authority will, after the variation is made, be 3 months or more (including any previous extensions).
(2) An application cannot be made under subsection (1) for a variation that would extend the period of effect of a formal authority in such a way that the period of effect of the authority will, after the variation is made, exceed 24 months (including any previous extensions under this Subdivision or Subdivision B).
(3) An application for the variation may be made:
(a) by means of a written document that is signed by the applicant (such an application is a formal variation application); or
(b) if the applicant has reason to believe that the delay caused by making a formal application for the variation may affect the success of the controlled operation to which the authority relates — orally in person, or by telephone or any other means of communication (such an application is an urgent variation application).
(4) More than one application for a variation under this section may be made in respect of the same authority. However, if an urgent variation of authority was granted as a result of an application under this section, the next application must be a formal variation application.
(5) An application for a variation (whether a formal variation application or an urgent variation application) must state:
(a) whether or not the controlled operation has been the subject of an earlier urgent variation application under this section and, if so:
(i) whether the urgent variation application was the last application under this section for a variation; and
(ii) whether or not the variation was granted; and
(b) the proposed period of the extension, which must be such as to comply with subsection (2) and must not exceed:
(i) in the case of a formal variation application — 3 months; and
(ii) in the case of an urgent variation application — 7 days.
(6) The nominated Tribunal member may require the applicant to provide such information concerning the proposed variation as is necessary for the nominated Tribunal member’s proper consideration of the application.
(7) As soon as practicable after making an urgent variation application that was not made in writing, the applicant must make a written record of the application and give a copy of it to the nominated Tribunal member to whom the application was made.
15GV Determination of application
(1) After considering an application for a variation of a formal authority, and any additional information provided under subsection 15GU(6), the nominated Tribunal member concerned:
(a) may vary the authority in accordance with the application, either unconditionally or subject to conditions; or
(b) may refuse the application.
(2) The nominated Tribunal member must not grant the variation unless the nominated Tribunal member is satisfied on reasonable grounds:
(a) that a serious Commonwealth offence or a serious State offence that has a federal aspect has been, is being or is likely to be, committed; and
(b) that the nature and extent of the suspected criminal activity are such as to justify the variation; and
(c) that any unlawful conduct involved in conducting the controlled operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and
(d) that the operation will be conducted in a way that ensures that, to the maximum extent possible, any illicit goods involved in the controlled operation will be under the control of an Australian law enforcement officer at the end of the controlled operation; and
(e) that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of Division 4 to be complied with; and
(f) that the controlled operation will not be conducted in such a way that a person is likely to be induced to commit a Commonwealth offence or an offence against a law of a State or Territory that the person would not otherwise have intended to commit; and
(g) that any conduct involved in the controlled operation will not:
(i) seriously endanger the health or safety of any person; or
(ii) cause the death of, or serious injury to, any person; or
(iii) involve the commission of a sexual offence against any person; or
(iv) result in significant loss of, or serious damage to, property (other than illicit goods); and
(h) that any role assigned to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer.
(3) A variation is not a legislative instrument.
15GW Manner of varying formal authority
(1) A formal authority may be varied by a nominated Tribunal member only:
(a) in the case of a formal variation application (other than a formal variation application referred to in subparagraph (b)(ii)) — by means of a written document, signed by the nominated Tribunal member (such a variation is a formal variation of authority); or
(b) in the case of:
(i) an urgent variation application; or
(ii) a formal variation application, if the nominated Tribunal member is satisfied that the delay caused by granting a formal variation of authority may affect the success of the controlled operation;
orally