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CRIMES (CONTROLLED OPERATIONS) ACT 2008 - NOTES

CRIMES (CONTROLLED OPERATIONS) ACT 2008 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1, defines the following terms:

              •     chief police officer

              •     function

              •     integrity commission

              •     integrity commissioner

              •     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; and

        (c)     in relation to the integrity commission––the integrity commissioner.

"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—

              (i)     lead to the prosecution of a person for a relevant offence; or

              (ii)     be used in an investigation under the Integrity Commission Act 2018

; 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.

"corrupt conduct"—see the Integrity Commission Act 2018

, dictionary.

"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.

"investigator"—see the Integrity Commission Act 2018

, dictionary.

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

"law enforcement agency" means—

        (a)     the Australian Federal Police; or

        (b)     the Australian Crime Commission; or

        (c)     the integrity commission.

"law enforcement officer"—

        (a)     means—

              (i)     for the Australian Federal Police—a police officer; or

              (ii)     for the Australian Crime Commission—a member of staff of the Australian Crime Commission; or

              (iii)     for the integrity commission—an investigator; 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—

        (a)     having committed or being likely to have committed, or of committing or being likely to commit, a relevant offence; or

        (b)     having engaged in or being likely to have engaged in, or of engaging in or being likely to engage in, corrupt conduct.

"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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

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

A = Act

NI = Notifiable instrument

AF = Approved form

o = order

am = amended

om = omitted/repealed

amdt = amendment

ord = ordinance

AR = Assembly resolution

orig = original

ch = chapter

par = paragraph/subparagraph

CN = Commencement notice

pres = present

def = definition

prev = previous

DI = Disallowable instrument

(prev...) = previously

dict = dictionary

pt = part

disallowed = disallowed by the Legislative

r = rule/subrule

Assembly

reloc = relocated

div = division

renum = renumbered

exp = expires/expired

R[X] = Republication No

Gaz = gazette

RI = reissue

hdg = heading

s = section/subsection

IA = Interpretation Act 1967

sch = schedule

ins = inserted/added

sdiv = subdivision

LA = Legislation Act 2001

SL = Subordinate law

LR = legislation register

sub = substituted

LRA = Legislation (Republication) Act 1996

underlining = whole or part not commenced

mod = modified/modification

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)

as amended by

Freedom of Information Act 2016

A2016-55 sch 4 pt 4.5 (as am by A2017-14

s 19)

notified LR 26 August 2016

s 1, s 2 commenced 26 August 2016 (LA s 75 (1))

sch 4 pt 4.5 commenced 1 January 2018 (s 2 as am by A2017-14

s 19)

Justice and Community Safety Legislation Amendment Act 2017 (No 2)

A2017-14 s 19

notified LR 17 May 2017

s 1, s 2 commenced 17 May 2017 (LA s 75 (1))

s 19 commenced 24 May 2017 (s 2 (1))

Note     This Act only amends the Freedom of Information Act 2016

A2016-55.

Integrity Commission Act 2018

A2018-52 sch 1 pt 1.6 (as am by

A2019-18

s 4)

notified LR 11 December 2018

s 1, s 2 commenced 11 December 2018 (LA s 75 (1))

sch 1 pt 1.6 commenced 1 December 2019 (s 2 (2) (a) as am by

A2019-18

s 4)

Integrity Commission Amendment Act 2019

A2019-18 s 4

notified LR 14 June 2019

s 1, s 2 commenced 14 June 2019 (LA s 75 (1))

s 3, s 4 commenced 15 June 2019 (s 2 (1))

Note     This Act only amends the Integrity Commission Act 2018



A2018-52.

Justice and Community Safety Legislation Amendment Act 2021 (No 2)

A2021-33 pt 5

notified LR 10 December 2021

s 1, s 2 commenced 10 December 2021 (LA s 75 (1))

pt 5 commenced 17 December 2021 (s 2 (1))

4     Amendment history

Commencement

s 2     om LA s 89 (4)

Relationship to other laws and matters

s 7     am A2016-55

amdt 4.7; A2018-52

amdt 1.32

Application for authority to conduct controlled operation

s 9     am A2018-52

amdt 1.33

Decision on application for authority

s 10     am A2018-52

amdt 1.34, amdt 1.35

Form of authority

s 11     am A2018-52

amdt 1.36

Civil liability not incurred

s 19     am A2018-52

amdt 1.37

Compensation for property loss or serious damage

s 23     am A2018-52

amdt 1.38

Chief officers' annual reports

s 28     am A2018-52

amdt 1.39

Delegation

s 33     am A2018-52

amdt 1.40; A2021-33

s 13

Dictionary

dict     am A2018-52

amdt 1.41

    def chief officer am A2018-52

amdt 1.42

    def controlled operation am A2018-52

amdt 1.43

    def corrupt conduct ins A2018-52

amdt 1.44

    def investigator ins A2018-52

amdt 1.44

    def law enforcement agency am A2018-52

amdt 1.45

    def law enforcement officer am A2018-52

amdt 1.46

    def suspect sub A2018-52

amdt 1.47

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date

Effective

Last amendment made by

Republication for

R1

19 Aug 2008

19 Aug 2008–

31 Dec 2017

not amended

new Act

R2

1 Jan 2018

1 Jan 2018–

30 Nov 2019

A2017-14

amendments by A2016-55

as amended by A2017-14

R3

1 Dec 2019

1 Dec 2019–

16 Dec 2021

A2019-18

amendments by A2018-52

as amended by A2019-18

























© Australian Capital Territory 2021

ACT Crest high res small

Australian Capital Territory

A2008-32

Republication No 4

Effective: 17 December 2021

Republication date: 17 December 2021

Last amendment made by A2021-33







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 17 December 2021

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 17 December 2021

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au

):

              • 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, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au

). For more information, see the home page for this law on the register.

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 the Legislation Act 2001

, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001

, s 133).

ACT
Crest high res small

Australian Capital Territory

Crimes (Controlled Operations) Act 2008



Endnotes35

ACT
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Australian Capital Territory

Crimes (Controlled Operations) Act 2008



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