Part IAB - Controlled operations  

Division 3 - Protection from criminal responsibility and related provisions  

Subdivision A - Controlled operations under this Part  

SECTION 15HB   15HB   Indemnification of participants against civil liability  

The Commonwealth must indemnify a participant in a controlled operation against any civil liability (including reasonable costs) the participant incurs because of conduct the participant engages in if:

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

(f) the requirements (if any) specified in the regulations have been met.

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