CRIMES ACT 1914

Part IAB - Controlled operations  

Division 3 - Protection from criminal responsibility and related provisions  

Subdivision A - Controlled operations under this Part  

SECTION 15HD   Effect of being unaware of variation or cancellation of authority  

(1)  
If an authority to conduct a controlled operation is varied in a way that limits its scope, this Part continues to apply to a participant in the controlled operation as if the authority had not been varied in that way, for so long as the participant:


(a) is unaware of the variation; and


(b) is not reckless about the existence of the variation.

(2)  
If an authority to conduct a controlled operation is cancelled, this Part continues to apply to a person who was a participant in the controlled operation immediately before the cancellation as if the authority had not been cancelled in that way, for so long as the person:


(a) is unaware of the cancellation; and


(b) is not reckless about the existence of the cancellation.

(3)  
For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if:


(a) the person is aware of a substantial risk that the variation or cancellation has happened; and


(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the authority has not been varied or cancelled.

(4)  


In this section, a reference to an authority that is cancelled includes, in the case of an integrity testing controlled operation authority, a reference to an authority that has stopped being in effect because the integrity testing authority concerned has stopped being in effect.
Note:

See paragraph 15GN(3)(c) .




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