Telecommunications and Other Legislation Amendment Act 2025 (53 of 2025)

Schedule 5   Amendments relating to controlled operations

Crimes Act 1914

1   After subsection 15GI(2)

Insert:

(2A) To avoid doubt:

(a) paragraph (2)(g) only requires an authorising officer to be satisfied as to the direct and reasonably foreseeable consequences of the unlawful conduct of participants in the controlled operation; and

(b) nothing in subparagraph (2)(g)(iii) is intended to prevent an authorising officer from granting an authority to conduct a controlled operation that will involve a participant:

(i) dealing with material depicting, material describing or material otherwise involving a sexual offence against any person; or

(ii) facilitating a person to deal with such material.

(2B) For the purposes of paragraph (2A)(a), a consequence is a direct consequence of unlawful conduct if the unlawful conductcauses or produces (and is not merely a minor influence on) the consequence without there being anyintervening conduct or events.