New South Wales Consolidated Acts

LAW ENFORCEMENT (CONTROLLED OPERATIONS) ACT 1997 - SECT 12

12 Cancellation of authorities

(1) An authority for a controlled operation may be cancelled by the chief executive officer, by order in writing, at any time and for any reason.

(2) Cancellation of an authority for a controlled operation takes effect at the time the order is made or at such later time as may be specified in the order.

(3) It is a sufficient defence to criminal or disciplinary proceedings arising from conduct that has been engaged in by the defendant in reliance on an authority that has been cancelled if the defendant satisfies the court or tribunal before which the proceedings are being heard:

(a) that the defendant engaged in the conduct in good faith for the purposes of, and in the course of, a controlled operation for which the authority had been in force, and

(b) that, had the authority been in force when the defendant engaged in the conduct, the conduct would have been lawful by operation of section 16, and

(c) that the defendant was unaware, and could not reasonably be expected to have been aware, that the authority had been cancelled.