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

14   Protection from criminal responsibility for certain ancillary conduct

(1) This item applies if:

(a) a person engaged in conduct (the ancillary conduct ), whether before, on or after commencement, that related to conduct (the related conduct ) that:

(i) was engaged in before, on or after commencement by another person; and

(ii) constituted an offence for which a person would, but for item 12, be criminally responsible; and

(b) engaging in the ancillary conduct was or is an ancillary offence (within the meaning of the Criminal Code) in relation to the offence constituted by the related conduct.

(2) Despite any law of the Commonwealth, the person who engaged in the ancillary conduct is not criminally responsible for the ancillary offence if, at the time the person engaged in the ancillary conduct, he or she believed the related conduct was being engaged in, or would be engaged in, by a participant in an operation authorised before commencement under a State controlled operations law.

(3) Expressions used in this item have the same meanings as in the State controlled operations law under which the person believed the controlled conduct was being engaged in.