Protection from criminal responsibility for controlled conduct during authorised operation
18 Protection from criminal responsibility for controlled conduct during authorised operation
Despite any other territory law, a participant who engages in conduct (whether in the ACT or elsewhere) in an authorised operation in the course of, and for the purposes of, the operation is not, if engaging in that conduct is an offence, criminally responsible for the offence if—
the conduct is authorised by, and is engaged in in accordance with, the authority for the operation; and
the conduct does not involve the participant intentionally inducing a person to commit an offence against a law of any jurisdiction or the Commonwealth that the person would not otherwise have committed; and
the conduct does not involve the participant engaging in any conduct that is likely to—
cause the death of, or serious injury to, any person; or
involve the commission of a sexual offence against any person; and
if the participant is a civilian participant—the participant acts in accordance with the instructions of a law enforcement officer.
This Act’s bill:Explanatory statementSecond reading speech
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