CRIMES ACT 1914

Part IAB - Controlled operations  

Division 3 - Protection from criminal responsibility and related provisions  

Subdivision A - Controlled operations under this Part  

SECTION 15HA   Protection from criminal responsibility for controlled conduct during controlled operations  

(1)  
This section applies if:


(a) a participant in a controlled operation engages in conduct in the course of, and for the purposes of, the controlled operation; and


(b) engaging in that conduct is a Commonwealth offence or an offence against a law of a State or Territory.

(2)  
Despite any other law of the Commonwealth, a State or a Territory, the participant is not criminally responsible for the offence, if:


(a) the participant engages in the conduct in accordance with the authority to conduct the controlled operation; and


(b) the participant is identified in the authority as a person authorised to engage in controlled conduct for the purposes of the controlled operation; and


(c) the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or an offence under a law of a State or Territory that the person would not otherwise have intended to commit; and


(d) the conduct does not involve the participant engaging in any conduct that is likely to:


(i) cause the death of, or serious injury to, any person; or

(ii) involve the commission of a sexual offence against any person; and


(e) if the participant is a civilian participant in the operation - he or she acts in accordance with the instructions of a law enforcement officer.




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