Australian Capital Territory Consolidated Acts

CRIMES (CONTROLLED OPERATIONS) ACT 2008 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     chief police officer

              •     function

              •     Legislative Assembly

              •     ombudsman

              •     territory law

              •     the Territory.

"Australian Crime Commission" means the Australian Crime Commission established by the Australian Crime Commission Act 2002 (Cwlth).

"authorised operation "means a controlled operation for which an authority is in force.

"authority "means an authority in force under part 2 (Authorisation of controlled operations).

"chief officer" means––

        (a)     in relation to the Australian Federal Police––the chief police officer; and

        (b)     in relation to the Australian Crime Commission––means the chief executive officer of the Australian Crime Commission.

"civilian participant", in an authorised operation, means a participant in the operation who is not a law enforcement officer.

"conduct" includes an act or omission.

"controlled conduct" means conduct for which a person would, apart from section 18 (Protection from criminal responsibility for controlled conduct during authorised operation) or section 25 (Mutual recognition of corresponding authority), be criminally responsible.

"controlled operation" means an operation that—

        (a)     is conducted, or intended to be conducted, for the purpose of obtaining evidence that may lead to the prosecution of a person for a relevant offence; and

        (b)     involves, or may involve, controlled conduct.

"corresponding authorised operation" means any operation in the nature of a controlled operation that is authorised by or under the provisions of a corresponding law.

"corresponding authority" means an authority authorising a controlled operation (within the meaning of a corresponding law) that is in force under a corresponding law.

"corresponding law" means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared by regulation to correspond to this Act.

"corresponding participant" means a person who is authorised by a corresponding authority to participate in a corresponding authorised operation.

"criminal activity" means conduct that involves the commission of an offence by 1 or more people.

"illicit goods" means goods the possession of which is a contravention of the law of the ACT.

"jurisdiction" means a State or Territory of the Commonwealth.

"law enforcement agency" means—

        (a)     the Australian Federal Police; or

        (b)     the Australian Crime Commission.

"law enforcement officer"—

        (a)     means—

              (i)     a police officer; or

              (ii)     a member of staff of the Australian Crime Commission; and

        (b)     includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service, and a police officer (however described), of another jurisdiction.

"law enforcement participant", in an authorised operation, means a participant in the operation who is a law enforcement officer.

"participant", in an authorised operation, means a person who is authorised under this Act to engage in controlled conduct for the purposes of the operation.

"participating jurisdiction" means a jurisdiction in which a corresponding law is in force.

"principal law enforcement officer", for an authorised operation, means the law enforcement officer who is responsible for the conduct of the operation.

"relevant offence" means—

        (a)     an offence against an ACT law punishable by imprisonment of 3 years or more; or

        (b)     an offence against an ACT law that is prescribed by regulation.

"standard amendment application"—see section 13.

"standard amendment of authority"—see section 13.

"standard application"—see section 9.

"standard authority"—see section 11.

"suspect" means a person reasonably suspected of having committed or being likely to have committed, or of committing or being likely to commit, a relevant offence.

"urgent amendment application"—see section 13.

"urgent amendment of authority"—see section 13.

"urgent application"—see section 9.

"urgent authority"—see section 11.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

Crimes (Controlled Operations) Act 2008 A2008-32

notified LR 18 August 2008

s 1, s 2 commenced 18 August 2008 (LA s 75 (1))

remainder commenced 19 August 2008 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

© Australian Capital Territory 2008

Australian Capital Territory

A2008-32

Republication No 1

Effective: 19 August 2008

Republication date: 19 August 2008

Act not amended





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Crimes (Controlled Operations) Act 2008 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 August 2008. It also includes any amendment, repeal or expiry affecting the republished law.

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Crimes (Controlled Operations) Act 2008

Endnotes

Australian Capital Territory

Crimes (Controlled Operations) Act 2008