Law Enforcement (Controlled Operations) Regulation 2025

This regulation is the Law Enforcement (Controlled Operations) Regulation 2025.

This regulation commences on the day on which the regulation is published on the NSW legislation website.

Note—

This regulation repeals and replaces the Law Enforcement (Controlled Operations) Regulation 2017, which would otherwise be repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

the Act means the Law Enforcement (Controlled Operations) Act 1997.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

For the Act, section 3(1), definition of law enforcement agency, paragraph (e), the following agencies are prescribed—

the Australian Federal Police,

the Commonwealth Department of Home Affairs, formerly known as the Commonwealth Department of Immigration and Border Protection.

For the Act, sections 5(2B)(a) and 10(1C)(a), an urgent application for an authority to conduct a controlled operation other than a cross-border controlled operation, or an urgent application for a variation of the authority, may be made only if the applicant reasonably believes that, because of the urgency of the circumstances, it is impracticable to make a formal application.

For the Act, sections 5(2B)(d) and 10(1C)(d), a law enforcement officer making an urgent application must keep a written record of the following—

the date and time the application is made,

the identity of the applicant,

the information given to the chief executive officer in support of the application.

For the Act, section 15(2), the report must include the following matters—

the date and time the operation began and its duration,

the nature of the controlled conduct engaged in during the operation,

details of the outcome of the operation,

if illicit goods were involved in the operation, both of the following, if known to the officer—

the nature and quantity of the goods,

the route through which the goods passed during the operation,

details of any loss of, or serious damage to, property, or personal injuries, that occurred during, or as a direct result of, the operation.

For the Act, section 20, the code of conduct set out in Schedule 1 is prescribed for all law enforcement agencies.

For the Act, section 29(2)(b), the following positions are prescribed—

for the Independent Commission Against Corruption—Commissioner, other than Chief Commissioner, or Assistant Commissioner within the meaning of the Independent Commission Against Corruption Act 1988,

for the New South Wales Crime Commission—Assistant Commissioner within the meaning of the Crime Commission Act 2012,

for the Law Enforcement Conduct Commission—Commissioner, other than Chief Commissioner, within the meaning of the Law Enforcement Conduct Commission Act 2016,

for the Australian Federal Police—the member of the Australian Federal Police responsible for the day-to-day operations of the Australian Federal Police in New South Wales,

for the Commonwealth Department of Home Affairs—Australian Border Force Commissioner within the meaning of the Australian Border Force Act 2015 of the Commonwealth.

The Law Enforcement (Controlled Operations) Regulation 2017 is repealed.

An act, matter or thing that, immediately before the repeal of the Law Enforcement (Controlled Operations) Regulation 2017, had effect under that regulation continues to have effect under this regulation.