This Act is the Law Enforcement (Controlled Operations) Act 1997.
This Act commences on a day or days to be appointed by proclamation.
(1) In this Act:
authorised operation means a controlled operation for which an authority is in force and, in Parts 3 and 5, includes any operation in the nature of a controlled operation that is authorised by or under the provisions of a corresponding law.
authority means an authority in force under Part 2, and includes any variation of such an authority and any retrospective authority granted under section 14.
chief executive officer means the person for the time being holding office or acting as:(a) in relation to the NSW Police Force, the Commissioner of Police, and(b) in relation to the Independent Commission Against Corruption, the Commissioner for that Commission, and(c) in relation to the New South Wales Crime Commission, the Commissioner for that Commission, and(d) in relation to the Police Integrity Commission, the Commissioner for that Commission, and(e) in relation to a law enforcement agency prescribed by the regulations, the chief executive officer (however described) of that agency,and, in relation to an authorised operation, means the chief executive officer of the law enforcement agency on whose behalf the operation has been, is being or is proposed to be conducted.
civilian participant in an authorised operation means a participant in the operation who is not a law enforcement officer.
code of conduct means a code of conduct referred to in section 20.
conduct, when used as a noun, includes any act or omission.
controlled activity means an activity that, but for section 16, would be unlawful.
controlled conduct means conduct in respect of which, but for section 20K or 20L, a person would be criminally liable.
controlled operation means an operation conducted for the purpose of:(a) obtaining evidence of criminal activity or corrupt conduct, or(b) arresting any person involved in criminal activity or corrupt conduct, or(c) frustrating criminal activity or corrupt conduct, or(d) carrying out an activity that is reasonably necessary to facilitate the achievement of any purpose referred to in paragraph (a), (b) or (c),being an operation that involves, or may involve, a controlled activity.
corresponding authorised operation means any operation in the nature of a cross-border controlled operation that is authorised by or under the provisions of a corresponding law.
corresponding authority means an authority authorising a cross-border controlled operation (within the meaning of a corresponding law) that is in force under a corresponding law.
corresponding law means a law of the Commonwealth, or of another State or Territory, referred to in Schedule 1.
corresponding participant means a person who is authorised by a corresponding authority to participate in a corresponding authorised operation.
corrupt conduct has the same meaning as it has in the Independent Commission Against Corruption Act 1988.
criminal activity means any activity that involves the commission of an offence by one or more persons.
cross-border controlled operation means a controlled operation that is, will be, or is likely to be, conducted in this jurisdiction and in one or more participating jurisdictions.
exercise a function includes perform a duty.
function includes a power, authority or duty.
law enforcement agency means each of the following:(a) the NSW Police Force,(b) the Independent Commission Against Corruption,(c) the New South Wales Crime Commission,(d) the Police Integrity Commission,(e) such of the following agencies as may be prescribed by the regulations as law enforcement agencies for the purposes of this Act:(i) the Australian Federal Police,(ii) the Australian Crime Commission,(iii) the Australian Customs Service.
law enforcement officer means:(a) an officer or employee of a law enforcement agency or a person who is seconded to such an agency, including (but not limited to) a police officer, or(b) a member of a police force or police service (however described) of another State, a Territory or another country.
law enforcement participant in an authorised operation means a participant in the operation who is a law enforcement officer.
participant in an authorised operation means a person who is authorised under this Act to engage in controlled activities for the purposes of the operation.
participating jurisdiction means a jurisdiction in which a corresponding law is in force.
Presiding Officer, in relation to a House of Parliament, means the President of the Legislative Council or the Speaker of the Legislative Assembly.
principal law enforcement officer for an authorised operation means the law enforcement officer who is identified by the authority for the operation as the principal law enforcement officer.
secondary law enforcement officer for an authorised operation means the law enforcement officer who is identified by the authority for the operation as the secondary law enforcement officer.
sexual offence means:(a) an offence under Division 10 or 10A of Part 3 of the Crimes Act 1900, or(b) any other offence of a similar kind prescribed by the regulations for the purposes of this definition.
this jurisdiction means New South Wales.(2) For the purposes of this Act, a cross-border controlled operation is taken to be conducted in this jurisdiction (whether or not it is also conducted in another jurisdiction) if a participant in the operation is a law enforcement officer of this jurisdiction.Note. Subsection (2) is intended to cover the situation where an officer of this jurisdiction is conducting an operation in another jurisdiction for the purposes of obtaining evidence of an offence in this jurisdiction (for example, a NSW officer is investigating a conspiracy to import drugs into NSW from Victoria, and the operation is to be conducted wholly in Victoria).(3) Notes included in this Act do not form part of this Act.
(1) This Act does not affect, and is taken never to have affected, the existence or exercise of any discretions (including any administrative or judicial discretions) that, apart from this Act, may lawfully be exercised in relation to the commencement, conduct or conclusion of legal proceedings.(2) Without limiting subsection (1), the discretions referred to in that subsection include the following:(a) any discretion as to whether or not legal proceedings should be commenced or terminated,(b) any discretion as to whether or not evidence should be admitted in legal proceedings,(c) any discretion as to how a person found guilty in respect of a charge should be dealt with.(3) This section applies to all activities, whether or not they are engaged in for the purposes of, or in the course of, an authorised operation.(3A) Despite the other provisions of this section, in determining whether evidence should be admitted or excluded in any proceedings, the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if:(a) the person was a participant or corresponding participant acting in the course of an authorised operation or corresponding authorised operation, and(b) the criminal activity was a controlled activity within the meaning of this Act or controlled conduct within the meaning of a corresponding law.(4) In this section, legal proceedings includes disciplinary proceedings.
The regulations may amend Schedule 1 so as to insert, amend or omit the name of a law of the Commonwealth or a law of another State or Territory.