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 15HJ   Protection from criminal responsibility for certain ancillary conduct  

(1)  
This section applies if:


(a) a person engages in conduct (the ancillary conduct ) that relates to conduct (the related conduct ) that:


(i) was engaged in by another person; and

(ii) constitutes an offence for which a person would, but for section 15HH , be criminally responsible; and


(b) engaging in the ancillary conduct is an ancillary offence (within the meaning of the Criminal Code ) in relation to the offence constituted by the related conduct.

(2)  
Despite any law of the Commonwealth, the person who engaged in the ancillary conduct is not criminally responsible for the ancillary offence if, at the time the person engaged in the ancillary conduct, he or she believed the related conduct was being engaged in, or would be engaged in, by a participant in an operation authorised under a corresponding State controlled operations law.

(3)  
Expressions used in this section have the same meanings as in the corresponding State controlled operations law under which the person believed the controlled conduct was being engaged in.




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