Document ID: chunk:federal_register_of_legislation:C2004A00908:clause:1_20
Version: federal_register_of_legislation:C2004A00908
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 16164–17858

20  Paragraphs 15M(a), (b), (c) and (d)
Repeal the paragraphs, substitute:
 (a) it is likely that a serious Commonwealth offence has been, is being or will be committed; and
 (b) the nature and extent of the offence, and any suspected criminal activity that is related to it, justifies a controlled operation; and
 (c) conducting the operation would not involve intentionally inducing a person to commit a Commonwealth offence, or an offence against a law of a State or Territory, if that person would not otherwise have intended to commit:
 (i) that offence; or
 (ii) an offence of that kind; and
 (d) any unlawful activity involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and
 (e) the operation will be conducted in a way that ensures that, to the maximum extent possible, any illicit goods involved in the operation will be under the control of an Australian law enforcement officer at the end of the operation; and
 (f) any unlawful activity involved in conducting the operation will not:
 (i) seriously endanger the health or safety of any person; or
 (ii) cause the death of, or serious injury to, any person; or
 (iii) involve the commission of a sexual offence against any person; or
 (iv) result in loss of, or serious damage to, property (other than illicit goods); and
 (g) the operation will be conducted in a way that is consistent with the reporting and accountability requirements of this Part; and
 (h) if a person who is not a law enforcement officer is to be involved in the operation—the role to be assigned to the person could not adequately be performed by a law enforcement officer.