AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 35K Immunity from liability for special intelligence conduct during special intelligence operations
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 35K
Immunity from liability for special intelligence conduct during special intelligence operations(1) A participant in a special intelligence operation is not subject to any civil or criminal liability for or in relation to conduct if:
(a) the participant engages in the conduct in the course of, and for the purposes of, the special intelligence operation; and
(b) the participant engages in the conduct in accordance with the special intelligence operation authority to conduct the special intelligence operation; and
(c) the participant is identified in the special intelligence operation authority as a person authorised to engage in special intelligence conduct for the purposes of the special intelligence operation; and
(d) the conduct does not involve the participant intentionally inducing another person to commit an offence against a law of the Commonwealth, a State or a Territory that the other person would not otherwise have intended to commit; and
(e) the conduct does not involve the participant engaging in any conduct that:
(i) causes the death of, or serious injury to, any person; or
(ii) involves the commission of a sexual offence against any person; or
(iii) causes significant loss of, or serious damage to, property; and
(f) the requirements (if any) specified in a determination under subsection (2) have been met.
(2) The Attorney - General may, by legislative instrument,
determine requirements for the purposes of paragraph (1)(f).