CRIMES ACT 1914

Part IAB - Controlled operations  

Division 3 - Protection from criminal responsibility and related provisions  

Subdivision B - Controlled operations under a corresponding State controlled operations law  

SECTION 15HH   Protection from criminal responsibility for conduct under a corresponding State controlled operations law  

(1)  
This section applies to a participant in an operation authorised under a corresponding State controlled operations law if:


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


(b) engaging in that conduct is a Commonwealth offence.

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


(a) the conduct is authorised by, and is engaged in in accordance with, the authority to conduct the controlled operation; and


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


(c) 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


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

(3)  
Expressions used in this section have the same meanings as in the corresponding State controlled operations law under which the operation was authorised.




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