Section 15HB — Crimes Act 1914: Indemnification of participants against civil liability

(1) The Commonwealth must indemnify a participant in a controlled operation against any civil liability (including reasonable costs) the participant incurs because of conduct the participant engages in if: (a) the participant engages in the conduct in the course of, and for the purposes of, the controlled operation 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; and (f) the requirements (if any) specified in the regulations have been met. (2) To avoid doubt, nothing in subparagraph (1)(d)(ii) is intended to prevent the participant being indemnified against civil liability if the conduct involves the participant: (a) dealing with material depicting, material describing or material otherwise involving a sexual offence against any person; or (b) facilitating a person to deal with such material.