Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15hd
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15HD
Character Range: 128990–130186

15HD  Effect of being unaware of variation or cancellation of authority

 (1) If an authority to conduct a controlled operation is varied in a way that limits its scope, this Part continues to apply to a participant in the controlled operation as if the authority had not been varied in that way, for so long as the participant:
 (a) is unaware of the variation; and
 (b) is not reckless about the existence of the variation.

 (2) If an authority to conduct a controlled operation is cancelled, this Part continues to apply to a person who was a participant in the controlled operation immediately before the cancellation as if the authority had not been cancelled in that way, for so long as the person:
 (a) is unaware of the cancellation; and
 (b) is not reckless about the existence of the cancellation.

 (3) For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if:
 (a) the person is aware of a substantial risk that the variation or cancellation has happened; and
 (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the authority has not been varied or cancelled.