Part 3 Conduct of controlled operations
(1) If a participant in an authorised operation engages in unlawful conduct (other than unlawful conduct that is a controlled activity) in the course of the operation, the principal law enforcement officer for the operation may, within 24 hours after the participant engages in that conduct, apply to the chief executive officer for retrospective authority for the conduct.(2) An application under this section may be made in such manner as the chief executive officer may permit.(3) The chief executive officer may require the principal law enforcement officer to furnish such information concerning the relevant conduct as is necessary for the chief executive officer’s proper consideration of the application.(4) After considering an application under subsection (1), and any additional information furnished under subsection (3), the chief executive officer:(a) may grant retrospective authority in accordance with the application, or(b) may refuse the application.(5) Retrospective authority may not be granted unless the chief executive officer is satisfied:(a) that the following circumstances existed when the relevant conduct occurred:(i) the participant who engaged in the conduct believed on reasonable grounds:(A) that there was a substantial risk to the success of the authorised operation, or(B) that there was a substantial risk to the health or safety of a participant in the operation, or any other person, as a direct result of the conduct of the authorised operation, or(C) that criminal activity or corrupt conduct other than the criminal activity or corrupt conduct in respect of which the authorised operation is being conducted had occurred, or was likely to occur, and that there was a substantial risk that evidence relating to that criminal activity or corrupt conduct would be lost,(ii) the participant could not avoid that risk otherwise than by engaging in the relevant conduct, and(b) that, at all times prior to those circumstances arising, the participant had been acting in good faith and in accordance with the relevant code of conduct, and(c) that the participant had not foreseen, and could not reasonably be expected to have foreseen, that those circumstances would arise, and(d) that, had it been possible to foresee that those circumstances would arise, authority for the relevant conduct would have been sought, and(e) it was not reasonably possible in those circumstances for the participant to seek a variation of the authority for the operation to authorise the relevant conduct.(6) Subsection (5) does not allow retrospective authority to be granted with respect to conduct giving rise to any of the following:(a) the offence of murder,(b) any other offence for which the common law defence of duress would not be available.
15 Reports on controlled operations
(1) Within 2 months after completing an authorised operation, the principal law enforcement officer for the operation must cause a report on the operation to be given to the chief executive officer.(2) The regulations may make provision for or with respect to the matters to be included in such a report.
16 Lawfulness of controlled activities
Despite any other Act or law, an activity that is engaged in by a participant in an authorised operation in the course of, and for the purposes of, the operation is not unlawful, and does not constitute an offence or corrupt conduct, so long as it is authorised by, and is engaged in in accordance with, the authority for the operation.
17 Lawfulness of activities with respect to assumed names
(1) Despite any other Act or law, the following activities:(a) the preparation of any false documentation (such as the preparation of a driver licence, credit card or identity card under an assumed name) in accordance with a request by the chief executive officer of a law enforcement agency,(b) the inclusion of any false information in any record or register (such as that relevant to the issue of a driver licence, credit card or identity card under an assumed name) in accordance with a request by the chief executive officer of a law enforcement agency,(c) the use of such documentation or information by any person in the course of, and for the purposes of, an authorised operation conducted on behalf of a law enforcement agency,are not unlawful, and do not constitute offences or corrupt conduct, so long as the documentation or information is the subject of a certificate, signed by the chief executive officer of the agency, to the effect that the documentation or information is to be used for the purposes of this Act.(2) Subsection (1) does not render lawful the preparation of false documentation, the inclusion of false information in any record or register or the use of such documentation or information in relation to matters of the kind recorded or registered under the Births, Deaths and Marriages Registration Act 1995.
18 Lawfulness of certain ancillary activities
(1) Despite any other Act or law, an activity that is engaged in by a person:(a) in connection with a controlled activity, or(b) in connection with an activity referred to in section 17 (1) (a), (b) or (c),is not unlawful, and does not constitute an offence or corrupt conduct, so long as it is engaged in (whether by a participant in an authorised operation or otherwise) in the course of, and for the purposes of, an authorised operation.(2) This section applies to an activity that (but for this section) would be unlawful because (ignoring the operation of sections 16 and 17) the activity in connection with which it is engaged in is unlawful (such as an activity that would otherwise give rise to the offence of aiding and abetting the commission of an offence or of conspiring to commit an offence), and does not apply to any other activity.
19 Exclusion of civil liability
Conduct of:(a) a chief executive officer, or(b) the principal law enforcement officer or the secondary law enforcement officer for an authorised operation, or(c) a participant in an authorised operation, or(d) a person acting in accordance with the directions of:does not, if the conduct was in good faith and for the purpose of executing this Act, subject the chief executive officer, principal law enforcement officer, secondary law enforcement officer, participant or person so acting personally to any action, claim, liability or demand.(i) a chief executive officer, or(ii) the principal law enforcement officer or the secondary law enforcement officer for an authorised operation,
(1) The regulations may prescribe codes of conduct for authorised operations conducted on behalf of law enforcement agencies.(2) Different codes of conduct may be prescribed for different law enforcement agencies.(3) A code of conduct may make provision for or with respect to any aspect of the conduct of an authorised operation.(4) A regulation may not be made for the purposes of this section except on the recommendation of the Inspector of the Police Integrity Commission.(5) Contravention of the code of conduct for a law enforcement agency by any person (including a law enforcement officer) employed within that agency is taken to be misconduct for the purposes of any disciplinary proceedings taken against that person with respect to the contravention.