• Specific Year
    Any

CRIMES ACT 1914 - SECT 15HH Protection from criminal responsibility for conduct under a corresponding State controlled operations law

CRIMES ACT 1914 - SECT 15HH

Protection from criminal responsibility for conduct under a corresponding State controlled operations law

  (1)   This section applies to a participant in an operation authorised under a corresponding State controlled operations law if:

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

  (b)   engaging in that conduct is a Commonwealth offence.

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

  (a)   the conduct is authorised by, and is engaged in in accordance with, the authority to conduct the controlled operation; and

  (b)   the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or an offence against a law of a State or Territory that the person would not otherwise have intended to commit; 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 person is a civilian participant in the operation--he or she acts in accordance with the instructions of a law enforcement officer.

  (3)   Expressions used in this section have the same meanings as in the corresponding State controlled operations law under which the operation was authorised.

Download

No downloadable files available