CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 29 Indemnification of participants against civil liability

CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 29

    (1)     This section applies to a law enforcement agency if a controlled operation has been authorised by the chief officer of the agency under section 13.

    (2)     The law enforcement agency must indemnify a participant in the authorised operation against any civil liability (including reasonable costs) the participant incurs because of conduct the participant engages in if—

        (a)     the participant engages in the conduct in the course of, and for the purposes of, the operation 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; and

        (e)     the requirements (if any) specified in the regulations have been met.