Document ID: chunk:federal_register_of_legislation:C2004A00908:clause:1_15i
Version: federal_register_of_legislation:C2004A00908
Segment Type: clause
Provision Reference: sch 1 cl 15I
Character Range: 6718–9288

15I  Law enforcement officers etc. not liable for offences committed for purposes of authorised controlled operation

 (1) A law enforcement officer who engages in conduct that, apart from this subsection, would constitute a Commonwealth offence or an offence against a law of a State or Territory is not criminally responsible for that offence if:
 (a) he or she engages in that conduct in the course of duty for the purposes of a controlled operation; and
 (b) the conduct meets the requirements of subsection 15IB(1).

 (2) A person who is not a law enforcement officer and who engages in conduct that, apart from this subsection, would constitute a Commonwealth offence or an offence against a law of a State or Territory is not criminally responsible for that offence if:
 (a) he or she engages in that conduct for the purposes of a controlled operation; and
 (b) a law enforcement officer has authorised the person to engage in that conduct; and
 (c) the conduct meets the requirements of subsection 15IB(2).

 (2A) Subsection (2) does not apply to a person who:
 (a) is an informant of a law enforcement officer; or
 (b) is believed to have been involved, other than for law enforcement purposes, in the criminal activity in respect of which the controlled operation was authorised.

 (3) The fact that, because of subsection (1) or (2), a person whose conduct is covered by a certificate given under section 15M is not criminally responsible for an offence does not affect the liability, for that offence or any other offence, of any person whose conduct is not covered by the certificate.

 (4) Subsection (3) applies despite any provision of Chapter 2 of the Criminal Code to the contrary.

 (5) If:
 (a) the importation of goods of a particular kind into Australia is an offence against a law of the Commonwealth; and
 (b) a person imports goods of that kind into Australia; and
 (c) because of this section, that person is not liable for an offence against that law in respect of the importation; and
 (d) that law provides for another consequence, other than that person's criminal liability, to arise from the importation (for example, forfeiture of the goods);
this section does not prevent that consequence from arising under that law.

 (6) For the purposes of this section, a member of a police force or other law enforcement agency of a foreign country is taken to be acting in the course of duty to the extent that he or she takes part in the controlled operation in accordance with the instructions given by an Australian law enforcement officer.