Document ID: chunk:federal_register_of_legislation:C2004A00908:clause:2_15xc
Version: federal_register_of_legislation:C2004A00908
Segment Type: clause
Provision Reference: sch 2 cl 15XC
Character Range: 41722–43252

15XC  Protection from criminal liability

 (1) An approved officer, who engages in conduct that, apart from this subsection, would constitute an offence against a law of the Commonwealth, a State or Territory, is not criminally responsible for that offence if:
 (a) the officer engages in the conduct in the course of acquiring evidence of, or using, an assumed identity; and
 (b) the officer engages in the conduct in the course of duty; and
 (c) the conduct is in accordance with the authorisation conditions (if any); and
 (d) the conduct would not constitute that offence if the assumed identity were the officer's real identity.

Example: This subsection could apply if an approved officer, when using an assumed identity, makes the false representation that he or she is unemployed (but that representation would be true if the assumed identity were real).

 (2) An approved person who engages in conduct that, apart from this subsection, would constitute an offence against a law of the Commonwealth, a State or Territory, is not criminally responsible for that offence if:
 (a) the person engages in the conduct in the course of acquiring evidence of, or using, an assumed identity; and
 (b) the conduct is in accordance with:
 (i) directions given by the supervising officer; and
 (ii) the authorisation conditions (if any); and
 (c) the conduct would not constitute that offence if the assumed identity were the person's real identity.

Note: Division 5 has offences relating to the misuse etc. of assumed identities.