Law Enforcement Integrity Legislation Amendment Act 2012 (194 of 2012)

Schedule 1   Integrity testing and expansion of coverage by ACLEI

Part 1   Integrity testing

Crimes Act 1914

26   After subsection 15HL(2)

Insert:

Exceptions - integrity testing controlled operation authority

(2A) Subsection (1) does not apply, in the case of a controlled operation authorised by an integrity testing controlled operation authority (granted on the basis that an integrity testing authority is in effect), if the disclosure was:

(a) in any of the circumstances mentioned in paragraphs (2)(a) to (e); or

(b) in connection with the administration or execution of Part IABA, or the Law Enforcement Integrity Commissioner Act 2006, in relation to the integrity testing authority; or

(c) for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, the controlled operation; or

(d) in relation to the integrity testing authority:

(i) for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, an integrity testing operation authorised by the authority; or

(ii) to an authority of the Commonwealth, a State or a Territory, if the disclosure relates to the misconduct of an employee or officer of the authority.

Note: A defendant bears an evidential burden in relation to the matters in this subsection - see subsection 13.3(3) of the Criminal Code.

Exception - misconduct