Recommendation 4

The precise extent of what conduct can be authorised under the Bill lacks clarity. Furthermore, the Government has provided no clear explanation why there is a need to authorise criminal conduct by someone other than the CHIS him or herself. The Bill requires amendment to clarify who can be authorised to commit criminal offences. In the absence of a clear explanation of the need for a CCA to authorise more than the conduct of the CHIS, only the conduct of the CHIS and any resulting secondary liability, should be capable of authorisation.