Victorian Consolidated Legislation

Crimes (Controlled Operations) Act 2004 - SECT 14

Matters to be taken into account-all controlled operations

14. Matters to be taken into account-all controlled operations

An authority to conduct a controlled operation may not be granted unless the
chief officer is satisfied on reasonable grounds-

   (a)  that any unlawful conduct involved in conducting the operation will be
        limited to the maximum extent consistent with conducting an effective
        controlled operation; and

   (b)  that the operation will be conducted in a way that will minimise the
        risk of more illicit goods being under the control of persons (other
        than law enforcement officers) at the end of the operation than are
        reasonably necessary to enable the officers to achieve the purpose of
        the controlled operation; and

   (c)  that the proposed controlled conduct will be capable of being
        accounted for in a way that will enable the reporting requirements of
        Part 4 to be complied with; and

   (d)  that the operation will not be conducted in such a way that a person
        is likely to be induced to commit an offence against a law of any
        jurisdiction or the Commonwealth that the person would not otherwise
        have intended to commit; and

   (e)  that any conduct involved in the operation will not-

   (i)  seriously endanger the health or safety of any person; or

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

   (iii) involve the commission of a sexual offence against any person; or

   (iv) result in unlawful loss of or serious damage to property (other than
        illicit goods); and

   (f)  that any role assigned to a civilian participant in the operation is
        not one that could be adequately performed by a law enforcement
        officer.

Note Sections 15, 16 and 17 set out further matters to be taken into account
for the different types of controlled operation.