New South Wales Consolidated Acts

LAW ENFORCEMENT (CONTROLLED OPERATIONS) ACT 1997 - SECT 20K

20K Protection from criminal responsibility for controlled conduct during authorised operations

(1) Section 16 (Lawfulness of controlled activities) does not apply in relation to an authorised operation that is a cross-border controlled operation.

(2) However, despite any other Act or law of this jurisdiction, a participant who engages in conduct (whether in this jurisdiction or elsewhere) in an authorised operation that is a cross-border controlled operation in the course of, and for the purposes of, the operation, is not, if engaging in that conduct is an offence, criminally responsible for the offence, if:

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

(b) the conduct does not involve the participant’s intentionally inducing a person to commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit, and

(c) the conduct does not involve the participant’s engaging in any conduct that is likely:

(i) to cause the death of, or serious injury to, any person, or

(ii) to involve the commission of a sexual offence against any person, and

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