Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15ha
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15HA
Character Range: 125587–126985

15HA  Protection from criminal responsibility for controlled conduct during controlled operations

 (1) This section applies if:
 (a) a participant in a controlled operation engages in conduct in the course of, and for the purposes of, the controlled operation; and
 (b) engaging in that conduct is a Commonwealth offence or an offence against a law of a State or Territory.

 (2) Despite any other law of the Commonwealth, a State or a Territory, the participant is not criminally responsible for the offence, if:
 (a) the participant engages in the conduct in accordance with the authority to conduct the controlled operation; and
 (b) the participant is identified in the authority as a person authorised to engage in controlled conduct for the purposes of the controlled operation; and
 (c) the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or an offence under a law of a State or Territory that the person would not otherwise have intended to commit; and
 (d) the conduct does not involve the participant engaging in any conduct that is likely to:
 (i) cause the death of, or serious injury to, any person; or
 (ii) involve the commission of a sexual offence against any person; and
 (e) if the participant is a civilian participant in the operation—he or she acts in accordance with the instructions of a law enforcement officer.