Crimes Act 1914

Part IABA - Integrity testing  

Division 3 - Integrity testing operations: protection of participants  

SECTION 15JP   Integrity testing operations - participants unaware of variation or cancellation of authority  

(1)    
If an integrity testing authority for an integrity testing operation is varied in a way that limits the scope of the operation, this Part continues to apply to a participant in the operation as if the authority had not been varied in that way, for so long as the participant:

(a) is unaware of the variation; and

(b) is not reckless about the existence of the variation.

(2)    
If an integrity testing authority to conduct an integrity testing operation is cancelled, this Part continues to apply to a person who was a participant in the operation immediately before the cancellation as if the authority had not been cancelled in that way, for so long as the person:

(a) is unaware of the cancellation; and

(b) is not reckless about the existence of the cancellation.

(3)    
For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an integrity testing authority if:

(a) the person is aware of a substantial risk that the variation or cancellation has happened; and

(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the authority has not been varied or cancelled.