Limits as to what may be done in, granting authority for, or who may take part in, controlled operation
122 Limits as to what may be done in, granting authority for, or who may take part in, controlled operation
A participant in a controlled operation must not —
intentionally induce another person to engage in misconduct that there is no reason to suspect that person has previously engaged in; or
engage in conduct that is likely to seriously endanger the health or safety of that or any other participant, or any other person, or to result in serious loss or damage to property.
An authority to conduct a controlled operation in respect of a matter for which there is not an allegation of misconduct must not be granted unless each person to be investigated under the controlled operation is —
a police officer; or
a person of a class prescribed by the regulations.
Subsection (2) does not apply to an authority to conduct a controlled operation in respect of a matter relating to the Commission’s functions under section 21AD.
A person must not be authorised to participate in a controlled operation unless the Commission is satisfied that the person has the appropriate skills to participate in the operation.
A person who is not an officer of the Commission —
must not be authorised to participate in any aspect of a controlled operation unless the Commission is satisfied that it is wholly impracticable for an officer of the Commission to participate in that aspect of the operation; and
must not be authorised to engage in a controlled activity unless it is wholly impracticable for the person to participate in the aspect of the controlled operation referred to in paragraph (a) without engaging in that activity.
[Section 122 inserted: No. 78 of 2003 s. 17; amended: No. 10 of 2018 s. 11.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.