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COMMONWEALTHAct
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s 35K

Immunity from liability for special intelligence conduct during special intelligence operations

In force
Part IIIFunctions and powers of Organisation
Division 4Special intelligence operations

35K Immunity from liability for special intelligence conduct during special intelligence operations

(1)

A participant in a special intelligence operation is not subject to any civil or criminal liability for or in relation to conduct if:

(a)

the participant engages in the conduct in the course of, and for the purposes of, the special intelligence operation; and

(b)

the participant engages in the conduct in accordance with the special intelligence operation authority to conduct the special intelligence operation; and

(c)

the participant is identified in the special intelligence operation authority as a person authorised to engage in special intelligence conduct for the purposes of the special intelligence operation; and

(d)

the conduct does not involve the participant intentionally inducing another person to commit an offence against a law of the Commonwealth, a State or a Territory that the other person would not otherwise have intended to commit; and

(e)

the conduct does not involve the participant engaging in any conduct that:

(i)

causes the death of, or serious injury to, any person; or

(ia)

constitutes torture; or

(ii)

involves the commission of a sexual offence against any person; or

(iii)

causes significant loss of, or serious damage to, property; and

(f)

the requirements (if any) specified in a determination under subsection (2) have been met.

(2)

The Attorney‑General may, by legislative instrument, determine requirements for the purposes of paragraph (1)(f).

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