CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 19 Civil liability not incurred

CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 19

    (1)     This section applies if a controlled operation has been authorised by the chief officer of a law enforcement agency under section 10.

    (2)     A participant in the authorised operation does not incur any civil liability because of conduct that the participant engages in if—

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

        (b)     the conduct does not involve the participant intentionally inducing a person to—

              (i)     commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have committed; or

              (ii)     engage in corrupt conduct; 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 participant is a civilian participant—the participant acts in accordance with the instructions of a law enforcement officer; and

        (e)     the requirements (if any) prescribed by regulation have been met.

    (3)     Any liability that would, apart from this section, attach to the participant, attaches instead to the Territory.