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