Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15he
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15HE
Character Range: 130186–131461

15HE  Protection from criminal responsibility for certain ancillary conduct

 (1) This section applies if:
 (a) a person engages in conduct (the ancillary conduct) that relates to controlled conduct (the related controlled conduct) engaged in by another person; and
 (b) engaging in the ancillary conduct is an ancillary offence in relation to the offence constituted by the related controlled conduct.

 (2) Despite any other law of the Commonwealth, a State or a Territory, the person who engaged in the ancillary conduct is not criminally responsible for the ancillary offence if, at the time the person engaged in the ancillary conduct, he or she believed the related controlled conduct was being engaged in, or would be engaged in, by a participant in a controlled operation authorised under this Part.

 (3) In this section:

ancillary offence, in relation to an offence constituted by related controlled conduct, means a Commonwealth offence or an offence under a law of a State or Territory:
 (a) of conspiring to commit the offence constituted by the related controlled conduct; or
 (b) of aiding, abetting, counselling or procuring, inciting or being in any way knowingly concerned in, the commission of the offence constituted by the related controlled conduct.