{"id":"nsw:sl-2025-0431","name":"Law Enforcement (Controlled Operations) Regulation 2025","slug":"law-enforcement-controlled-operations-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"431 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173681,"registerId":"nsw-sl-2025-0431-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Law Enforcement (Controlled Operations) Regulation 2025](/view/html/inforce/current/sl-2025-0431).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which the regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Law Enforcement (Controlled Operations) Regulation 2017](/view/html/repealed/current/sl-2017-0444), which would otherwise be repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Law Enforcement (Controlled Operations) Act 1997](/view/html/inforce/current/act-1997-136).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Law enforcement agencies","content":"#### 4 Law enforcement agencies\n\n4 Law enforcement agencies\n\n> For the Act, section 3(1), definition of law enforcement agency, paragraph (e), the following agencies are prescribed—\n> \n> > (a) the Australian Federal Police,\n> \n> > (b) the Commonwealth Department of Home Affairs, formerly known as the Commonwealth Department of Immigration and Border Protection.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Authorisation and conduct of controlled operations","content":"# Part 2 Authorisation and conduct of controlled operations\n\nPart 2 Authorisation and conduct of controlled operations","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Urgent applications for authorities and variations of authorities","content":"#### 5 Urgent applications for authorities and variations of authorities\n\n5 Urgent applications for authorities and variations of authorities\n\n> > (1) 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.\n> \n> > (2) 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—\n> > \n> > > (a) the date and time the application is made,\n> > \n> > > (b) the identity of the applicant,\n> > \n> > > (c) the information given to the chief executive officer in support of the application.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Content of reports on controlled operations","content":"#### 6 Content of reports on controlled operations\n\n6 Content of reports on controlled operations\n\n> For the Act, section 15(2), the report must include the following matters—\n> \n> > (a) the date and time the operation began and its duration,\n> \n> > (b) the nature of the controlled conduct engaged in during the operation,\n> \n> > (c) details of the outcome of the operation,\n> \n> > (d) if illicit goods were involved in the operation, both of the following, if known to the officer—\n> > \n> > > (i) the nature and quantity of the goods,\n> > \n> > > (ii) the route through which the goods passed during the operation,\n> \n> > (e) details of any loss of, or serious damage to, property, or personal injuries, that occurred during, or as a direct result of, the operation.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Code of conduct","content":"#### 7 Code of conduct\n\n7 Code of conduct\n\n> For the Act, section 20, the code of conduct set out in Schedule 1 is prescribed for all law enforcement agencies.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Delegation of functions of chief executive officers","content":"#### 8 Delegation of functions of chief executive officers\n\n8 Delegation of functions of chief executive officers\n\n> For the Act, section 29(2)(b), the following positions are prescribed—\n> \n> > (a) 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](/view/html/inforce/current/act-1988-035),\n> \n> > (b) for the New South Wales Crime Commission—Assistant Commissioner within the meaning of the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066),\n> \n> > (c) for the Law Enforcement Conduct Commission—Commissioner, other than Chief Commissioner, within the meaning of the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061),\n> \n> > (d) 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,\n> \n> > (e) for the Commonwealth Department of Home Affairs—both of the following, within the meaning of the [Australian Border Force Act 2015](http://www.legislation.gov.au/) of the Commonwealth—\n> > \n> > > (i) the Australian Border Force Commissioner,\n> > \n> > > (ii) an Immigration and Border Protection worker in the Operations Group or Support Group of the Australian Border Force with the classification of Senior Executive Service Band 3.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Repeal and savings","content":"#### 9 Repeal and savings\n\n9 Repeal and savings\n\n> > (1) The [Law Enforcement (Controlled Operations) Regulation 2017](/view/html/repealed/current/sl-2017-0444) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Law Enforcement (Controlled Operations) Regulation 2017](/view/html/repealed/current/sl-2017-0444), had effect under that regulation continues to have effect under this regulation.","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Code of conduct","content":"# Schedule 1 Code of conduct\n\nSchedule 1 Code of conduct\n\nsection 7","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication the regulation departs from its expected scope as a subordinate instrument supporting the Law Enforcement (Controlled Operations) Act. It appears to serve its conventional purpose of filling in procedural and administrative details for controlled operations. Without the substantive provisions, a definitive assessment cannot be made."},"complexity_factors":["Insufficient substantive content provided to assess full complexity — only metadata and website navigation were included in the supplied text","The parent Act (Law Enforcement (Controlled Operations) Act) deals with legally sensitive covert policing powers, which is inherently complex subject matter","Regulations of this type typically involve technical authorisation procedures, defined chains of command, and strict compliance obligations","Staged repeal mechanism adds an administrative layer requiring periodic review and renewal","Interaction between this regulation and both the parent NSW Act and any equivalent Commonwealth controlled operations framework adds potential complexity"],"plain_english_summary":"This NSW regulation supplements the Law Enforcement (Controlled Operations) Act by governing undercover/covert investigations where officers may otherwise commit offences. It commenced 22 August 2025, is in force, and is set to be automatically repealed on 1 September 2030.\n\nIt primarily affects NSW law enforcement and their conduct and record‑keeping for controlled operations. Because the full substantive text wasn’t provided, this summary relies on the visible metadata and the regulation’s general purpose."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation expressly repeals and replaces the 2017 regulation (s 9) but includes a savings provision preserving pre‑existing authorities (s 9(2)). Its operative content principally re‑enacts and updates procedural rules: prescribed agencies (s 4), urgent application criteria (s 5), reporting requirements (s 6), a prescribed code of conduct (Schedule 1) and delegated positions (s 8). The text does not, on its face, expand or narrow the statutory remit established by the Act; it updates administrative detail while preserving continuity."},"complexity_factors":["Multiple cross‑references to the Act and other statutes (Interpretation Act 1987; ICAC Act 1988; Crime Commission Act 2012; LECC Act 2016; Australian Border Force Act 2015) increasing interpretive load (see ss 3, 4, 8).","Procedural tests that depend on subjective judgments and timing (e.g. 'reasonably believes' and 'impracticable' for urgent applications) combined with mandatory written records (s 5).","Prescriptive reporting content requiring operational detail (dates/times, conduct, outcomes, illicit goods details, loss/injury) which raises documentary and evidentiary burdens (s 6).","A prescribed code of conduct that creates layered duties for applicants, principal officers, participants and reporting officers (Schedule 1), including good faith, disclosure and briefing obligations.","Detailed prescription of delegation‑eligible positions across multiple agencies (s 8), which requires alignment of Commonwealth and NSW role definitions.","A repeal and savings clause that preserves existing authorities on transition, requiring attention to continuity of prior approvals (s 9)."],"plain_english_summary":"Replaces the 2017 regulation and sets procedural rules for controlled operations under the *Law Enforcement (Controlled Operations) Act 1997*. It prescribes which agencies are covered (including the Australian Federal Police and the Commonwealth Department of Home Affairs), imposes requirements for urgent authorisations and variations, specifies required report content, prescribes a code of conduct for participants, and lists senior positions that may be delegated functions. It affects law enforcement officers, civilian participants and agency decision‑makers by defining duties, record‑keeping and decision‑making authority."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operational procedures for controlled operations under the 1997 Act. The expansion to include AFP and Home Affairs in section 4 is a natural evolution reflecting existing cross-border operational realities rather than scope creep. The document is a straightforward remake of the 2017 regulation with updated agency names and minor procedural clarifications."},"complexity_factors":["Short document (approximately 1,500 words across 9 sections and 1 schedule)","Minimal defined terms (only 'the Act' is explicitly defined; relies on parent Act and Interpretation Act 1987 for definitions)","Straightforward structure with clear Part divisions (Preliminary, Authorisation, Miscellaneous)","No nested exceptions or complex conditional logic — most provisions use simple 'must' obligations","Cross-references are explicit and limited (primarily referencing sections of the parent Act 1997)","Code of conduct in Schedule 1 uses plain language duties rather than technical legal tests"],"plain_english_summary":"This regulation sets out the practical rules for how NSW police and other law enforcement agencies run **controlled operations** — undercover stings where officers or their agents pretend to be criminals to catch actual criminals.\n\n**What it does:**\n- **Expands who can run these operations** to include federal agencies like the Australian Federal Police and the Department of Home Affairs (border force), not just NSW agencies.\n- **Sets up urgent approval processes** for when there's no time for normal paperwork — but requires officers to document why the rush was necessary.\n- **Mandates what must go in operation reports** — dates, what happened, what was seized, any injuries or damage.\n- **Creates a code of conduct** requiring honesty in applications, proper briefing of undercover participants, and strict limits on what illegal acts are allowed (no inducing serious crimes, no sexual offences, no serious danger to life or property).\n- **Allows senior officers to delegate** their authority to specific senior positions in various agencies.\n\n**Who it affects:**\n- NSW Police, the Crime Commission, ICAC, the Law Enforcement Conduct Commission, plus now the AFP and Border Force when operating in NSW.\n- Officers applying for undercover operation approvals and the senior executives who sign off on them.\n\n**Why it matters:**\nControlled operations are legally risky — officers and their civilian informants often have to break minor laws (like buying drugs) to catch bigger fish. This regulation provides the legal safety net and guardrails to ensure these operations are authorised properly, conducted ethically, and documented thoroughly. It replaces the 2017 version before that expires."}},"importantCases":[],"_links":{"self":"/api/acts/law-enforcement-controlled-operations-regulation-2025","history":"/api/acts/law-enforcement-controlled-operations-regulation-2025/history","analysis":"/api/acts/law-enforcement-controlled-operations-regulation-2025/analysis","conflicts":"/api/acts/law-enforcement-controlled-operations-regulation-2025/conflicts","importantCases":"/api/acts/law-enforcement-controlled-operations-regulation-2025/important-cases","documents":"/api/acts/law-enforcement-controlled-operations-regulation-2025/documents"}}