CRIMES ACT 1914

Part IAB - Controlled operations  

Division 3 - Protection from criminal responsibility and related provisions  

Subdivision A - Controlled operations under this Part  

SECTION 15HG   Notification requirements  

(1)  
If:


(a) any loss of or serious damage to property occurs in the course of, or as a direct result of, a controlled operation (other than property of the law enforcement agency on behalf of which the operation is conducted or a participant in the operation); or


(b) any personal injury occurs in the course of, or as a direct result of, such an operation;

the principal law enforcement officer for the controlled operation must report the loss, damage or injury to the chief officer of the law enforcement agency as soon as practicable.

(2)  
If loss or serious damage to property is reported to the chief officer under subsection (1), the chief officer must take all reasonable steps to notify the owner of the property of the loss or damage.

(3)  
If a personal injury is reported to the chief officer under subsection (1), the chief officer must take all reasonable steps to notify the person that the injury occurred in the course of, or as a direct result of, the controlled operation.

(4)  
The chief officer is not required to give a notification under subsection (2) or (3) until the chief officer is satisfied that the notification would not:


(a) compromise or hinder the controlled operation or any related investigation; or


(b) compromise the identity of a participant in the controlled operation; or


(c) endanger the life or safety of any person; or


(d) prejudice any legal proceeding; or


(e) otherwise be contrary to the public interest.

(5)  
A chief officer may, by written instrument, delegate any of the chief officer's powers or functions under this section to:


(a) in relation to the Australian Federal Police - a Deputy Commissioner or a person of equivalent or higher rank; or


(b) in relation to the Immigration and Border Protection Department - a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in that Department; or


(c) in relation to the ACC:


(i) an Executive Director or a person occupying an equivalent or higher position; or

(ii) a person occupying a position prescribed by the regulations; or


(d) in relation to ACLEI - the Assistant Integrity Commissioner; or


(e) in relation to the police force of a State or Territory - a Deputy Commissioner or a person of equivalent or higher rank.




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