Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_12
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 12
Character Range: 253594–255115

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.