sec.146KProtection from liability

### sec.146K Protection from liability This section applies to each of the following persons (a relevant person )— a member of the committee; the chairperson; a senior executive officer; a person who is or was a covert operative; a person who, as part of a controlled operation, provides a covert operative with help, including by giving the covert operative things necessary for the purposes of the controlled operation; a person who authorised a controlled activity; a person who is or was authorised under this part to engage in a controlled activity. A relevant person does not incur civil liability for an act done, or omission made, under this part. If subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State. Also, a relevant person does not incur criminal liability for an act done, or omission made— in accordance with an approval given for a controlled operation; or in accordance with— an authority given for a controlled activity; or the commission’s policy about controlled activities. In addition, a relevant person who is a police officer or a commission officer does not incur criminal liability for an act done, or omission made, that, because of a controlled operation, was reasonably necessary for— protecting the safety of any person; or protecting the identity of a covert operative; or taking advantage of an opportunity to gather evidence in relation to a corruption offence not mentioned in the approval. However, subsection (5) does not relieve a police officer or a commission officer from criminal liability for an act done or omission made if the act or omission results in— injury to, or the death of, a person; or serious damage to property; or a serious loss of property; or someone being encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it. This section does not limit the Police Service Administration Act 1990 , section 10 .5. s 146K ins 2005 No. 45 s 69 amd 2009 No. 48 s 139 ; 2014 No. 21 s 24 ; 2016 No. 19 s 45 (1) (sec.146K-ssec.1) This section applies to each of the following persons (a relevant person )— a member of the committee; the chairperson; a senior executive officer; a person who is or was a covert operative; a person who, as part of a controlled operation, provides a covert operative with help, including by giving the covert operative things necessary for the purposes of the controlled operation; a person who authorised a controlled activity; a person who is or was authorised under this part to engage in a controlled activity. (sec.146K-ssec.2) A relevant person does not incur civil liability for an act done, or omission made, under this part. (sec.146K-ssec.3) If subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State. (sec.146K-ssec.4) Also, a relevant person does not incur criminal liability for an act done, or omission made— in accordance with an approval given for a controlled operation; or in accordance with— an authority given for a controlled activity; or the commission’s policy about controlled activities. (sec.146K-ssec.5) In addition, a relevant person who is a police officer or a commission officer does not incur criminal liability for an act done, or omission made, that, because of a controlled operation, was reasonably necessary for— protecting the safety of any person; or protecting the identity of a covert operative; or taking advantage of an opportunity to gather evidence in relation to a corruption offence not mentioned in the approval. (sec.146K-ssec.6) However, subsection (5) does not relieve a police officer or a commission officer from criminal liability for an act done or omission made if the act or omission results in— injury to, or the death of, a person; or serious damage to property; or a serious loss of property; or someone being encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it. (sec.146K-ssec.7) This section does not limit the Police Service Administration Act 1990 , section 10 .5. - (a) a member of the committee; - (b) the chairperson; - (c) a senior executive officer; - (d) a person who is or was a covert operative; - (e) a person who, as part of a controlled operation, provides a covert operative with help, including by giving the covert operative things necessary for the purposes of the controlled operation; - (f) a person who authorised a controlled activity; - (g) a person who is or was authorised under this part to engage in a controlled activity. - (a) in accordance with an approval given for a controlled operation; or - (b) in accordance with— (i) an authority given for a controlled activity; or (ii) the commission’s policy about controlled activities. - (i) an authority given for a controlled activity; or - (ii) the commission’s policy about controlled activities. - (i) an authority given for a controlled activity; or - (ii) the commission’s policy about controlled activities. - (a) protecting the safety of any person; or - (b) protecting the identity of a covert operative; or - (c) taking advantage of an opportunity to gather evidence in relation to a corruption offence not mentioned in the approval. - (a) injury to, or the death of, a person; or - (b) serious damage to property; or - (c) a serious loss of property; or - (d) someone being encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it.