LAW ENFORCEMENT (CONTROLLED OPERATIONS) ACT 1997 - As at 28 October 2019 - Act 136 of 1997

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 3A Act not to affect certain matters
• 4 Amendment of Schedule 1

PART 2 - AUTHORISATION OF CONTROLLED OPERATIONS

• 5 Applications for authorities
• 6 Determination of applications
• 7 Certain matters not to be authorised
• 8 Form of authority
• 9 Duration of authorities
• 10 Variation of authority
11. (Repealed)
• 12 Cancellation of authorities
• 13 Effect of authorities
• 13A Defect in authority
• 13B Functions of secondary law enforcement officer

PART 3 - CONDUCT OF CONTROLLED OPERATIONS

• 14 Retrospective authority
• 15 Reports on controlled operations
• 16 Lawfulness of controlled activities
• 17 Lawfulness of activities with respect to assumed names
• 18 Lawfulness of certain ancillary activities
• 19 Exclusion of civil liability
• 20 Codes of conduct

PART 3A - CROSS-BORDER CONTROLLED OPERATIONS

• 20A Application of Act to cross-border controlled operations
• 20B Definitions
• 20C Applications for authorities to conduct cross-border controlled operations
• 20D Determination of applications for authorities to conduct cross-border controlled operations--additional criteria to be met
• 20E Form of authority to conduct cross-border controlled operation
• 20F Duration of authorities for cross-border controlled operations
• 20G Variation of authorities
• 20H Effect of authorities to conduct cross-border controlled operations
• 20I Documents relating to cross-border controlled operations
• 20J Register relating to cross-border controlled operations
• 20K Protection from criminal responsibility for controlled conduct during authorised operations
• 20L Protection from criminal responsibility for certain ancillary conduct
• 20M Indemnification of participants against civil liability
• 20N Effect of sections 20K and 20L on other laws relating to criminal investigation
• 20O Effect of being unaware of variation or cancellation of authority
• 20P Compensation for property loss or serious damage
• 20Q Notification requirements
• 20R Unauthorised disclosure of information
• 20S Mutual recognition of corresponding authorities

PART 4 - MONITORING OF CONTROLLED OPERATIONS

• 21 Inspector to be notified of certain matters
• 22 Inspection of records of law enforcement agencies
• 23 Annual reports by Inspector
• 24 Ancillary matters concerning reports

PART 5 - MISCELLANEOUS

• 25 Act binds Crown
• 26 DPP to be notified of evidence obtained in the course of an authorised operation
• 27 Evidentiary certificates
• 28 Identity of certain participants not to be disclosed in legal proceedings
• 29 Delegations
• 30 Proceedings for offences
• 31 Regulations
• 32 Review of Act
• 33 Savings and transitional provisions
• SCHEDULE 1
• SCHEDULE 2