New South Wales Consolidated Acts

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

20O Effect of being unaware of variation or cancellation of authority

(1) If an authority for a cross-border controlled operation is varied in any way that limits its scope, this Part continues to apply to a participant in the operation as if the authority had not been varied in that way, for so long as the participant:

(a) is unaware of the variation, and

(b) is not reckless about the existence of the variation.

(2) If an authority for a cross-border controlled operation is cancelled, this Part continues to apply to a participant in the operation as if the authority had not been cancelled, for so long as the participant:

(a) is unaware of the cancellation, and

(b) is not reckless about the existence of the cancellation.

(3) For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if:

(a) the person is aware of a substantial risk that there has been a variation or cancellation, and

(b) having regard to the circumstances known to the person, it is unjustifiable to continue to engage in conduct that was authorised by the authority but which, because of the possible variation or cancellation, may be no longer authorised.

(4) Sections 10 (10) and 12 (3) do not apply in respect of a cross-border controlled operation.