This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
26 DPP to be notified of evidence obtained in the course of an authorised operation
The chief executive officer of a law enforcement agency on whose behalf an authorised operation is conducted must ensure that any evidence obtained in the course of the operation that is sent to the Director of Public Prosecutions for the purposes of any legal proceedings is accompanied by:(a) a written notice to the effect that the evidence has been obtained in the course of an authorised operation conducted on behalf of the agency, and(b) a copy of the authority for the operation.
A certificate:(a) that is issued by the chief executive officer of a law enforcement agency, and(b) that states that, when granting or varying an authority, the chief executive officer was satisfied as to matters specified in the certificate,is admissible in any legal proceedings and is conclusive evidence that the chief executive officer was satisfied as to those matters.
28 Identity of certain participants not to be disclosed in legal proceedings
(1) If, in proceedings before a court, a tribunal or a Royal Commission or other commission of inquiry, the identity of a participant in an authorised operation is in issue or may be disclosed, the court, tribunal or commission must, unless it considers that the interests of justice otherwise require:(a) ensure that such parts of the proceedings as relate to the identity of the participant are held in private, and(b) make such orders as to the suppression of evidence given before it as, in its opinion, will ensure that the identity of the participant is not disclosed.(2) In particular, the court, tribunal, Royal Commission or other commission of inquiry:(a) may allow any participant in an authorised operation who has been authorised to participate in the operation under an assumed name to appear before it under that name, and(b) may make orders prohibiting the publication of any information (including information derived from evidence given before it) that identifies, or might facilitate the identification of, any person who has been or is proposed to be called to give evidence.(3) A person must not make a publication in contravention of an order in force under this section.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(1) Except as provided by this section (and despite any other Act or law to the contrary):(a) the functions of a chief executive officer under this Act may not be delegated to any other person, and(b) the functions of the Ombudsman under this Act with respect to the inspection of documentation referred to in section 8 (3) may not be delegated to any other person.(2) A chief executive officer may delegate any of the chief executive officer’s functions under this Act (except this power of delegation) as follows:(a) in the case of the NSW Police Force:(i) to a police officer for the time being holding office as a Deputy Commissioner or an Assistant Commissioner, and(ii) except for functions under Part 3A—to a police officer for the time being holding office as a Superintendent who is nominated from time to time by the Commissioner of Police for the purposes of this subsection (not more than two nominations being in force at any one time),(b) in the case of any other law enforcement agency—to a person for the time being holding a position prescribed by the regulations as a position to which functions under this Act may be delegated.(3) A position cannot be prescribed as a position to which functions under this Act may be delegated unless it is a position within the law enforcement agency concerned.(4) No more than one delegation may be in force under subsection (2) (b) at any one time, and no more than one position may be prescribed at any one time as a position to which functions under this Act may be delegated.(5) Subsection (4) does not apply in respect of the delegation of the functions of the chief executive officer of the Australian Crime Commission.(6) The functions of the Ombudsman under this Act with respect to the inspection of documentation referred to in section 8 (3) may be delegated to an Assistant Ombudsman.
Proceedings for an offence against this Act (other than an offence under section 20R (2)) are to be dealt with summarily by the Local Court.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 12 months from the commencement of this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 3 months after the end of the period of 12 months.(4) A further review is to be undertaken as soon as possible after 1 December 2002.(5) A report on the outcome of the review undertaken in accordance with subsection (4) is to be tabled in each House of Parliament by 1 December 2003.(6) A further review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the Law Enforcement (Controlled Operations) Amendment Act 2006.(7) A report on the outcome of the review undertaken in accordance with subsection (6) is to be tabled in each House of Parliament within 3 months after the end of the period of 5 years referred to in subsection (6).
33 Savings and transitional provisions
Schedule 2 has effect.