CRIMES ACT 1914 - SECT 15HA Protection from criminal responsibility for controlled conduct during controlled operations

CRIMES ACT 1914 - SECT 15HA

  (1)   This section applies if:

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

  (b)   engaging in that conduct is a Commonwealth offence or an offence against a law of a State or Territory.

  (2)   Despite any other law of the Commonwealth, a State or a Territory, the participant is not criminally responsible for the offence, if:

  (a)   the participant engages in the conduct in accordance with the authority to conduct the controlled operation; and

  (b)   the participant is identified in the authority as a person authorised to engage in controlled conduct for the purposes of the controlled operation; and

  (c)   the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or an offence under a law of a State or Territory that the person would not otherwise have intended to commit; and

  (d)   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

  (e)   if the participant is a civilian participant in the operation--he or she acts in accordance with the instructions of a law enforcement officer.