Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 15HH

Protection from criminal responsibility for conduct under a corresponding State controlled operations law

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

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

  (b)   engaging in that conduct is 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 is authorised by, and is engaged in in accordance with, the authority to conduct the controlled operation; and

  (b)   the conduct does 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 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

  (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 section have the same meanings as in the corresponding State controlled operations law under which the operation was authorised.



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