Crimes Act 1914

If an authority to conduct a controlled operation is varied in a way that limits its scope, this Part continues to apply to a participant in the controlled operation as if the authority had not been varied in that way, for so long as the participant:

is unaware of the variation; and

is not reckless about the existence of the variation.

If an authority to conduct a controlled operation is cancelled, this Part continues to apply to a person who was a participant in the controlled operation immediately before the cancellation as if the authority had not been cancelled in that way, for so long as the person:

is unaware of the cancellation; and

is not reckless about the existence of the cancellation.

For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if:

the person is aware of a substantial risk that the variation or cancellation has happened; and

having regard to the circumstances known to the person, it is unjustifiable to take the risk that the authority has not been varied or cancelled.

In this section, a reference to an authority that is cancelled includes, in the case of an integrity testing controlled operation authority, a reference to an authority that has stopped being in effect because the integrity testing authority concerned has stopped being in effect.

See paragraph 15GN(3)(c).