Crimes Act 1914
Part IABA
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Integrity testing
Division 3
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Integrity testing operations: protection of participants
SECTION 15JO
15JO
Integrity testing operations
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indemnity against civil liability
The Commonwealth must indemnify a participant in an integrity testing operation that is authorised by an integrity testing authority 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; and
(b) the participant is identified in the authority; and
(c) the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or a State offence that the person would not otherwise have intended to commit; and
(d) the conduct does not involve the participant engaging in any conduct that is likely to:
(e) if the participant is a civilian participant in the operation - he or she acts in accordance with the instructions of a law enforcement participant in the operation; and
(f) the requirements (if any) prescribed by regulation have been met.
View history note
Hide history noteThe Commonwealth must indemnify a participant in an integrity testing operation that is authorised by an integrity testing authority 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; and
(b) the participant is identified in the authority; and
(c) the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or a State offence that the person would not otherwise have intended to commit; and
(d) 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
(e) if the participant is a civilian participant in the operation - he or she acts in accordance with the instructions of a law enforcement participant in the operation; and
(f) the requirements (if any) prescribed by regulation have been met.
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