Section 15JG — Crimes Act 1914: 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.