Section 15HH — Crimes Act 1914: Protection from criminal responsibility for conduct under a corresponding State controlled operations law
Text of the provision Official document
(1) This section applies to a participant in an operation authorised under a corresponding State controlled operations law if: (a) the participant engages in conduct in the course of, and for the purposes of, the operation; and (b) engaging in that conduct is a Commonwealth offence. (2) Despite any other law of the Commonwealth, the participant is not criminally responsible for the Commonwealth offence, if: (a) the conduct is authorised by, and is engaged in in accordance with, the authority to conduct the controlled operation; and (b) the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or an offence against a law of a State or Territory that the person would not otherwise have intended to commit; and (c) 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 (d) if the person is a civilian participant in the operation—he or she acts in accordance with the instructions of a law enforcement officer. (3) Expressions used in this section have the same meanings as in the corresponding State controlled operations law under which the operation was authorised.
Official source: Federal Register of Legislation
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