Victorian Consolidated Legislation

Crimes (Controlled Operations) Act 2004 - SECT 32

Protection from criminal responsibility for certain ancillary conduct

32. Protection from criminal responsibility for certain ancillary conduct



(1) This section applies to conduct such as aiding and abetting the commission
of an offence or of conspiring to commit an offence (ancillary conduct) for
which a person may be criminally responsible because it involves conduct
engaged in by another person that is controlled conduct for which the other
person would (but for section 28) be criminally responsible (the related
controlled conduct).

(2) Despite any other Act or law of this jurisdiction, a person who engages in
ancillary conduct that is an offence (whether or not the person is a
participant in a controlled operation) is not criminally responsible for the
offence if at the time the person engaged in the ancillary conduct he or she
believed the related controlled conduct was being engaged in, or would be
engaged in, by a participant in an authorised operation.

Division 2-Compensation and notification of third parties