Victorian Consolidated Legislation

Crimes (Controlled Operations) Act 2004 - SECT 28

PART 3 CONDUCT OF CONTROLLED OPERATIONS

Protection from criminal responsibility for controlled conduct during authorised operations

28. Protection from criminal responsibility for controlled conduct during
authorised operations



(1) Despite any other Act or law of this jurisdiction, a participant who
engages in conduct in an authorised 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 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 engaging in any conduct
        that is likely to-

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

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

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





(2) Subsection (1) applies in relation to a participant-

   (a)  in a local major or local minor controlled operation-to conduct
        engaged in by a participant in this jurisdiction;

   (b)  in a cross-border controlled operation-to conduct engaged in by a
        participant in this jurisdiction or in a participating jurisdiction.

(3) Subsection (1) does not apply to a participant in a local minor controlled
operation if the conduct engaged in is an offence punishable by a maximum term
of imprisonment of 3 years or more.