AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 35N Protection from criminal responsibility for certain ancillary conduct

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 35N

  (1)   This section applies if:

  (a)   a person engages in conduct (the ancillary conduct ) that relates to special intelligence conduct (the related conduct ) engaged in by another person; and

  (b)   engaging in the ancillary conduct is an ancillary offence in relation to the offence constituted by the related conduct.

  (2)   Despite any other law of the Commonwealth, a State or a Territory, the person who engaged in the ancillary conduct is not criminally responsible for the ancillary offence, if, at the time the person engaged in the ancillary conduct, he or she believed the related conduct was being engaged in, or would be engaged in, by a participant in a special intelligence operation authorised under this Division.

  (3)   For the purposes of this section, ancillary offence , in relation to an offence constituted by related conduct, means an offence against a law of the Commonwealth, a State or a Territory:

  (a)   of conspiring to commit the offence constituted by the related conduct; or

  (b)   of aiding, abetting, counselling or procuring, inciting or being in any way knowingly concerned in, the commission of the offence constituted by the related conduct.