Terms used
5 Terms used
In this Part, unless the contrary intention appears —
authorised operation means a controlled operation for which an authority is in force;
authority means an authority in force under Division 2, and includes any variation of such an authority and any retrospective authority granted under section 25;
civilian participant, in an authorised operation, means a participant in the operation who is not a law enforcement officer;
controlled conduct means conduct for which a person would, but for section 27 or 34, be criminally responsible;
controlled operation means a law enforcement operation that involves, or may involve, controlled conduct;
corresponding authorised operation means any operation in the nature of a controlled operation that is authorised by or under the provisions of a corresponding law;
corresponding authority means an authority authorising a controlled operation (within the meaning of that term in a corresponding law) that is in force under the corresponding law;
corresponding law means a law of another jurisdiction that corresponds to this Part, and includes a prescribed law of another jurisdiction;
corresponding participant means a person who is authorised by a corresponding authority to participate in a corresponding authorised operation;
Corruption and Crime Commission means the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003;
cross‑border controlled operation has the meaning given in section 6;
formal application has the meaning given in section 10(2)(a);
formal authority has the meaning given in section 15(1)(a);
formal variation application has the meaning given in section 19(3)(a);
formal variation of authority has the meaning given in section 21(1)(a);
illicit goods means goods the possession of which is a contravention of the law of this jurisdiction in the circumstances of the particular case;
law enforcement participant, in an authorised operation, means a participant in the operation who is a law enforcement officer;
local controlled operation has the meaning given in section 7;
participant, in an authorised operation, means a person who is authorised under this Part to engage in controlled conduct for the purposes of the operation;
participating jurisdiction means a jurisdiction in which a corresponding law is in force;
principal law enforcement officer, for an authorised operation, means the law enforcement officer who is responsible for the conduct of the operation;
relevant offence means —
an offence against the law of this jurisdiction punishable by imprisonment for 3 years or more; or
an offence not covered by paragraph (a) that is prescribed for the purposes of this definition, being an offence under any of the following Acts —
the Classification (Publications, Films and Computer Games) Enforcement Act 1996;
The Criminal Code;
the Firearms Act 2024;
the Fish Resources Management Act 1994;
the Misuse of Drugs Act 1981;
the Prostitution Act 2000;
the Weapons Act 1999;
sexual offence means —
an offence under The Criminal Code Part V Chapter XXXI; or
any other offence of a similar kind prescribed for the purposes of this definition;
suspect means a person reasonably suspected of having committed or being likely to have committed, or of committing or being likely to commit, a relevant offence;
urgent application has the meaning given in section 10(2)(b);
urgent authority has the meaning given in section 15(1)(b);
urgent variation application has the meaning given in section 19(3)(b);
urgent variation of authority has the meaning given in section 21(1)(b).
[Section 5 amended: No. 35 of 2014 s. 39; No. 23 of 2024 s. 456.]
This Act’s bill:Explanatory memorandumSecond reading speech
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