Immunity from liability for special intelligence conduct during special intelligence operations
35K Immunity from liability for special intelligence conduct during special intelligence operations
A participant in a special intelligence operation is not subject to any civil or criminal liability for or in relation to conduct if:
the participant engages in the conduct in the course of, and for the purposes of, the special intelligence operation; and
the participant engages in the conduct in accordance with the special intelligence operation authority to conduct the special intelligence operation; and
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
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
the conduct does not involve the participant engaging in any conduct that:
causes the death of, or serious injury to, any person; or
constitutes torture; or
involves the commission of a sexual offence against any person; or
causes significant loss of, or serious damage to, property; and
the requirements (if any) specified in a determination under subsection (2) have been met.
The Attorney‑General may, by legislative instrument, determine requirements for the purposes of paragraph (1)(f).
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