35KImmunity from liability for special intelligence conduct during special intelligence operations

35K Immunity from liability for special intelligence conduct during special intelligence operations

(1) A participant in a special intelligence operation is not subject to any civil or criminal liability for or in relation to conduct if: (a) the participant engages in the conduct in the course of, and for the purposes of, the special intelligence operation; and (b) the participant engages in the conduct in accordance with the special intelligence operation authority to conduct the special intelligence operation; and (c) the participant is identified in the special intelligence operation authority as a person authorised to engage in special intelligence conduct for the purposes of the special intelligence operation; and (d) the conduct does not involve the participant intentionally inducing another person to commit an offence against a law of the Commonwealth, a State or a Territory that the other person would not otherwise have intended to commit; and (e) the conduct does not involve the participant engaging in any conduct that: (i) causes the death of, or serious injury to, any person; or (ia) constitutes torture; or (ii) involves the commission of a sexual offence against any person; or (iii) causes significant loss of, or serious damage to, property; and (f) the requirements (if any) specified in a determination under subsection (2) have been met. (2) The Attorney‑General may, by legislative instrument, determine requirements for the purposes of paragraph (1)(f).