Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Commissioner
may, in writing, authorise a police officer to act as an undercover officer
and may in writing revoke that authority.
(2) Before authorising
a police officer to act as an undercover officer the Commissioner is to ensure
that the police officer is a suitable person to have the functions of, and the
immunity given to, an undercover officer.
(3) The identity or
purpose of an undercover officer may, for the time being, be concealed or
misrepresented for the purpose of detecting the commission of an offence.
(4) An undercover
officer may do anything specified in the authorisation given by the
Commissioner for the purpose of detecting the commission of an offence.
(5) If an undercover
officer does anything as described in subsection (4) —
(a) the
undercover officer does not commit an offence and is not liable as a party to
an offence committed by another person; and
(b) the
undercover officer’s evidence in any proceedings against another person
for an offence in connection with which the undercover officer did anything as
described in subsection (4) is not the evidence of an accomplice.
(6) The Commissioner
is required, whenever requested to do so by the Minister, to give the Minister
a report in writing containing such particulars of the activities of
undercover officers as the Minister requires.
Minister means the Minister responsible for the
administration of the Police Act 1892 ;
undercover officer means a police officer acting
as an undercover officer under this section.