Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (3 of 2010)

Schedule 3   Amendments relating to controlled operations, assumed identities and witness identity protection

Part 2   Provisions relating to pre-commencement authorisations under State controlled operations law

12   Protection from criminal responsibility for conduct engaged in before, on or after commencement under a pre-commencement State authorisation

(1) This item applies to a participant in an operation authorised under a State controlled operations law if:

(a) the operation was authorised before commencement; and

(b) the participant engaged in conduct, whether before, on or after commencement, in the course of, and for the purposes of, the operation; and

(c) engaging in that conduct was a Commonwealth offence.

(2) Despite any other law of the Commonwealth, the participant is not criminally responsible for the Commonwealth offence, if:

(a) the conduct was authorised by, and was engaged in in accordance with, the authority to conduct the controlled operation; and

(b) the conduct did not involve the participant intentionally inducing a person to commit a Commonwealth offence or an offence against a law of a State or Territory that the person would not otherwise have intended to commit; and

(c) the conduct did not involve the participant engaging in any conduct that was 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 person is a civilian participant in the operation - he or she acts in accordance with the instructions of a law enforcement officer.

(3) Expressions used in this item have the same meanings as in the State controlled operations law under which the operation was authorised.