CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 22 Protection from criminal responsibility for certain ancillary conduct

CRIMES (CONTROLLED OPERATIONS) ACT 2008 - SECT 22

    (1)     This section applies to conduct ( ancillary conduct ) for which a person may be criminally responsible because it involves conduct engaged in by another person that is controlled conduct for which the other person would (apart from section 18) be criminally responsible (the related controlled conduct ).

Examples—ancillary conduct

1     aiding and abetting (see Criminal Code

, s 45)

2     conspiracy (see Criminal Code

, s 48)

    (2)     Despite any other territory law, a person who engages in ancillary conduct that is an offence is not criminally responsible for the offence if at the time the person engaged in the ancillary conduct—

        (a)     the person believed the related controlled conduct was being engaged in, or would be engaged in, by a participant in an authorised operation; and

        (b)     the person was a participant in, or was otherwise authorised to know about, the operation.