Victorian Consolidated Legislation

CRIMES (CONTROLLED OPERATIONS) ACT 2004

No. 16 of 2004
Version incorporating amendments as at 5 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Relationship to other laws and matters
   5.      Binding the Crown

   PART 2-AUTHORISATION OF CONTROLLED OPERATIONS

           Division 1-Types of controlled operations

   6.      What is a controlled operation?
   7.      What is controlled conduct?
   8.      What types of controlled operations may be authorised under
           this Act?
   9.      What is a cross-border controlled operation?
   10.     What is a local major controlled operation?
   11.     What is a local minor controlled operation?

           Division 2-Procedure for authorising controlled operations

   12.     Applications for authorities to conduct controlled operations
   13.     Determination of applications
   14.     Matters to be taken into account-all controlled operations
   15.     Further matters to be taken into account-cross-border
           controlled operations
   16.     Further matters to be taken into account-local major
           controlled operations
   17.     Further matters to be taken into account-local minor
           controlled operations
   18.     Form of authority
   19.     Duration of authorities

           Division 3-Variation and cancellation of authorities

   20.     When can an authority be varied?
   21.     Application for variation of authority
   22.     Determination of application to vary authority
   23.     Manner of varying authority
   24.     Form of variation of authority
   25.     Cancellation of authorities

           Division 4-Effect of authorities

   26.     Effect of authorities
   27.     Defect in authority

   PART 3-CONDUCT OF CONTROLLED OPERATIONS

           Division 1-Controlled conduct engaged in for purposes of
           controlled operations authorised by Part 2.

   28.     Protection from criminal responsibility for controlled conduct during authorised operations
   29.     Indemnification of participants against civil liability
   30.     Effect of sections 28 and 29 on other laws relating to criminal investigation
   31.     Effect of being unaware of variation or cancellation of authority
   32.     Protection from criminal responsibility for certain ancillary conduct

           Division 2-Compensation and notification of third parties

   33.     Compensation for property loss or serious damage
   34.     Notification requirements

           Division 3-Mutual recognition

   35.     Mutual recognition of corresponding authorities

   PART 4-COMPLIANCE AND MONITORING

           Division 1-Restrictions on use, communication and publication of information

   36.     Unauthorised disclosure of information

           Division 2-Reporting and record-keeping

   37.     Principal law enforcement officers' reports
   38.     Chief officers' reports
   39.     Annual report by Special Investigations Monitor
   40.     Keeping documents connected with authorised operations
   41.     General register

           Division 3-Inspections

   42.     Inspection of records by Special Investigations Monitor

   PART 5-GENERAL

           Division 1-Delegation

   43.     Introduction
   44.     Delegations within Victoria Police
   45.     Delegations within the Office of Police Integrity

           Division 2-General

   46.     Evidence of authorities
   47.     Regulations

   PART 6-FISHERIES ACT 1995.

   48.     Repeal of current immunity provision
   49.     New Part 7A inserted

   PART 7A-CONTROLLED OPERATIONS

           Division 1-Introduction

           Division 2-Authorisation of controlled operations

           Division 3-Variation and cancellation of authorities

           Division 4-Effect of authorities

           Division 5-Notification of third parties

           Division 6-Compliance and monitoring
           Monitor

           Division 7-General

   PART 7-WILDLIFE ACT 1975.

   50.     Repeal of current immunity provision
   51.     New Part IX inserted

   PART IX-CONTROLLED OPERATIONS

           Division 1-Introduction

           Division 2-Authorisation of controlled operations

           Division 3-Variation and cancellation of authorities

           Division 4-Effect of authorities

           Division 5-Notification of third parties

           Division 6-Compliance and monitoring
           Monitor

           Division 7-General

   PART 8-CONSEQUENTIAL AND TRANSITIONAL

   52.     Crimes Act 1958.
   53.     Drugs, Poisons and Controlled Substances Act 1981.
   54.     Gambling Regulation Act 2003.
   55.     Prostitution Control Act 1994.
   56.     Summary Offences Act 1966.
   57.     Repealed
   58.     Transitional provision
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details