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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 35K

Immunity from liability for special intelligence conduct during special intelligence operations

  (1)   A participant in a special intelligence operation is not subject to any civil or criminal liability for or in relation to conduct if:

  (a)   the participant engages in the conduct in the course of, and for the purposes of, the special intelligence operation; and

  (b)   the participant engages in the conduct in accordance with the special intelligence operation authority to conduct the special intelligence operation; and

  (c)   the participant is identified in the special intelligence operation authority as a person authorised to engage in special intelligence conduct for the purposes of the special intelligence operation; and

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

  (e)   the conduct does not involve the participant engaging in any conduct that:

  (i)   causes the death of, or serious injury to, any person; or

  (ia)   constitutes torture; or

  (ii)   involves the commission of a sexual offence against any person; or

  (iii)   causes significant loss of, or serious damage to, property; and

  (f)   the requirements (if any) specified in a determination under subsection   (2) have been met.

  (2)   The Attorney - General may, by legislative instrument, determine requirements for the purposes of paragraph   (1)(f).



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