Matters to be taken into account—all controlled operations
14 Matters to be taken into account—all controlled operations
An authority to conduct a controlled operation may not be granted unless the chief officer is satisfied on reasonable grounds—
that any unlawful conduct involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and
that the operation will be conducted in a way that will minimise the risk of more illicit goods being under the control of persons (other than law enforcement officers) at the end of the operation than are reasonably necessary to enable the officers to achieve the purpose of the controlled operation; and
that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of Part 4 to be complied with; and
that the operation will not be conducted in such a way that a person is likely to be induced to commit an offence against a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and
that any conduct involved in the operation will not—
seriously endanger the health or safety of any person; or
cause the death of, or serious injury to, any person; or
involve the commission of a sexual offence against any person; or
result in unlawful loss of or serious damage to property (other than illicit goods); and
that any role assigned to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer.
Note
Sections 15, 16 and 17 set out further matters to be taken into account for the different types of controlled operation.
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