Protection from criminal responsibility for conduct under a corresponding State controlled operations law
15HH Protection from criminal responsibility for conduct under a corresponding State controlled operations law
This section applies to a participant in an operation authorised under a corresponding State controlled operations law if:
the participant engages in conduct in the course of, and for the purposes of, the operation; and
engaging in that conduct is a Commonwealth offence.
Despite any other law of the Commonwealth, the participant is not criminally responsible for the Commonwealth offence, if:
the conduct is authorised by, and is engaged in in accordance with, the authority to conduct the controlled operation; and
the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or an offence against a law of a State or Territory that the person would not otherwise have intended to commit; 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 person is a civilian participant in the operation—he or she acts in accordance with the instructions of a law enforcement officer.
Expressions used in this section have the same meanings as in the corresponding State controlled operations law under which the operation was authorised.
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