Document ID: chunk:federal_register_of_legislation:C2014A00108:clause:3_35k
Version: federal_register_of_legislation:C2014A00108
Segment Type: clause
Provision Reference: sch 3 cl 35K
Character Range: 102638–104135

35K  Immunity from liability for special intelligence conduct during special intelligence operations
 (1) A participant in a special intelligence operation is not subject to any civil or criminal liability for or in relation to conduct if:
 (a) the participant engages in the conduct in the course of, and for the purposes of, the special intelligence operation; and
 (b) the participant engages in the conduct in accordance with the special intelligence operation authority to conduct the special intelligence operation; and
 (c) the participant is identified in the special intelligence operation authority as a person authorised to engage in special intelligence conduct for the purposes of the special intelligence operation; and
 (d) the conduct does not involve the participant intentionally inducing another person to commit an offence against a law of the Commonwealth, a State or a Territory that the other person would not otherwise have intended to commit; and
 (e) the conduct does not involve the participant engaging in any conduct that:
 (i) causes the death of, or serious injury to, any person; or
 (ia) constitutes torture; or
 (ii) involves the commission of a sexual offence against any person; or
 (iii) causes significant loss of, or serious damage to, property; and
 (f) the requirements (if any) specified in a determination under subsection (2) have been met.
 (2) The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (1)(f).