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Australian Capital Territory
Crimes (Controlled Operations)
Act 2008
A2008-32
Republication No 4
Effective: 17 December 2021
Republication date: 17 December 2021
Last amendment made by A2021-33
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About this republication
The republished law
This is a republication of the Crimes (Controlled Operations) Act 2008 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
17 December 2021. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 17 December 2021.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Crimes (Controlled Operations)
Act 2008
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
6 Objects of Act 3
7 Relationship to other laws and matters 3
8 Controlled operation taken to be conducted in ACT 5
Part 2 Authorisation of controlled operations
9 Application for authority to conduct controlled operation 6
10 Decision on application for authority 7
11 Form of authority 8
Contents
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12 Duration of authority 10
13 Amendment of authority 10
14 Form of amendment of authority 13
15 Cancellation of authority 13
16 Effect of authority 14
17 Defect in authority 14
Part 3 Conduct of controlled operations
Division 3.1 Controlled conduct engaged in for authorised
operation
18 Protection from criminal responsibility for controlled conduct during
authorised operation 15
19 Civil liability not incurred 16
20 Effect of s 18 and s 19 on other laws relating to criminal investigation 17
21 Effect of being unaware of amendment or cancellation of authority 17
22 Protection from criminal responsibility for certain ancillary conduct 18
Division 3.2 Compensation and notification of third parties
23 Compensation for property loss or serious damage 18
24 Notification requirements 19
Division 3.3 Mutual recognition
25 Mutual recognition of corresponding authority 20
Part 4 Compliance and monitoring
Division 4.1 Restrictions on disclosure of information
26 Unauthorised disclosure of information 21
Division 4.2 Reporting and record-keeping
27 Principal law enforcement officers’ reports 22
28 Chief officers’ annual reports 23
29 Keeping documents connected with authorised operation 25
30 General register 26
Division 4.3 Inspections
31 Inspection of records by ombudsman 28
Part 5 Miscellaneous
32 Evidence of authorities 29
Contents
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33 Delegation 29
34 Regulation-making power 30
Dictionary 31
Endnotes
1 About the endnotes 35
2 Abbreviation key 35
3 Legislation history 36
4 Amendment history 37
5 Earlier republications 38
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Australian Capital Territory
Crimes (Controlled Operations)
Act 2008
An Act to provide for the authorisation, conduct and monitoring of controlled
operations
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Crimes (Controlled Operations) Act 2008.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘urgent application—see section 9.’
means that the term ‘urgent application’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Preliminary Part 1
Section 6
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6 Objects of Act
The objects of this Act are—
(a) to provide for the authorisation, conduct and monitoring of
controlled operations, including operations conducted in the
ACT, in the ACT and 1 or more other jurisdictions or in 1 or
more participating jurisdictions—
(i) for the purpose of obtaining evidence that may lead to the
prosecution of people for particular offences; and
(ii) that involve or may involve conduct for which participants
in the operation would otherwise be criminally responsible;
and
(b) to facilitate mutual recognition of things done in relation to
controlled operations authorised under laws of other
jurisdictions corresponding to this Act; and
(c) to ensure, as far as practicable, that appropriately trained people
may act as participants in authorised operations; and
(d) to ensure that a person who may act as a participant in an
authorised operation engages in otherwise unlawful activities
only as part of the authorised operation; and
(e) to provide appropriate protection from civil and criminal
liability for people acting under this Act; and
(f) to clarify the status of evidence obtained by participants in
authorised operations.
7 Relationship to other laws and matters
(1) This Act does not affect any territory law that authorises, controls or
monitors the conduct of operations wholly within the ACT—
(a) that are for the purpose of obtaining evidence that may lead to
the prosecution of a person for an offence; and
Part 1 Preliminary
Section 7
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(b) that involve, or may involve, conduct for which participants in
the operation would otherwise be criminally responsible.
Note Territory law includes the common law (see Legislation Act, dict, pt 1,
def territory law and law, of the Territory).
(2) A function conferred in relation to the activities of the Australian
Crime Commission under this Act is only conferred for the purpose
of the function conferred on the Australian Crime Commission under
the Australian Crime Commission (ACT) Act 2003 relating to
suspected serious and organised crime as defined in that Act.
(3) Subject to subsection (4), this Act does not limit a discretion a court
has—
(a) to admit or exclude evidence in a proceeding; or
(b) to stay a criminal proceeding in the interests of justice.
(4) However, in deciding whether evidence should be admitted or
excluded in a proceeding, the fact that the evidence was obtained as
a result of a person engaging in criminal activity or corrupt conduct
is to be disregarded if—
(a) the person was a participant or corresponding participant acting
in the course of an authorised operation or corresponding
authorised operation; and
(b) the criminal activity or corrupt conduct was controlled conduct
within the meaning of this Act or controlled conduct within the
meaning of a corresponding law.
(5) The following Acts do not apply to investigations, operations,
activities and records under this Act:
(a) the Freedom of Information Act 2016;
(b) the Territory Records Act 2002.
Preliminary Part 1
Section 8
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8 Controlled operation taken to be conducted in ACT
For this Act, a controlled operation in relation to a relevant offence is
taken to be conducted in the ACT, whether or not it is also conducted
in another jurisdiction, if a participant in the operation is a law
enforcement officer of the ACT.
Part 2 Authorisation of controlled operations
Section 9
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Part 2 Authorisation of controlled
operations
9 Application for authority to conduct controlled operation
(1) A law enforcement officer of a law enforcement agency may apply to
the chief officer of the agency for an authority to conduct a controlled
operation on behalf of the agency.
(2) An application for an authority may be made—
(a) in writing signed by the applicant (a standard application); or
(b) if the applicant has reason to believe that the delay caused by
making a standard application may affect the success of the
operation—orally in person or by telephone, fax, email or any
other means of communication (an urgent application).
(3) This part does not prevent an application for an authority being made
in relation to a controlled operation that has been the subject of a
previous application.
(4) In any application, whether standard or urgent, the applicant must—
(a) provide sufficient information to enable the chief officer to
decide whether or not to grant the application; and
(b) state whether or not the proposed operation, or any other
controlled operation in relation to the same criminal activity or
corrupt conduct, has been the subject of an earlier application
for an authority or amendment of an authority and, if so, whether
or not the authority or amendment was granted.
(5) The chief officer may require the applicant to give the chief officer
the additional information the chief officer reasonably needs to decide
the application.
(6) As soon as practicable after making an urgent application, the
applicant must make a written record of the application and give a
copy of it to the chief officer.
Authorisation of controlled operations Part 2
Section 10
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10 Decision on application for authority
(1) After considering an application for an authority to conduct a
controlled operation, and any additional information given under
section 9 (5), the chief officer may—
(a) authorise the operation by granting the authority, either
unconditionally or subject to conditions; or
(b) refuse the application.
(2) An authority to conduct a controlled operation may not be granted
unless the chief officer is satisfied on reasonable grounds that—
(a) a relevant offence has been, is being or is likely to be committed;
and
(b) the controlled operation will be, or is likely to be, conducted in
the ACT, in the ACT and 1 or more other jurisdictions or in 1 or
more participating jurisdictions; and
(c) the nature and extent of the suspected criminal activity or
corrupt conduct justify the conduct of a controlled operation in
the ACT, in the ACT and 1 or more other jurisdictions or in 1 or
more participating jurisdictions; and
(d) any unlawful conduct involved in conducting the operation will
be limited to the minimum necessary to conduct an effective
controlled operation; and
(e) the operation will be conducted in a way that will minimise the
risk of more illicit goods being under the control of people, other
than law enforcement officers, at the end of the operation than
are reasonably necessary to enable the officers to achieve the
purpose of the controlled operation; and
(f) the proposed controlled conduct will be able to be accounted for
in a way that will enable the reporting requirements of part 4 to
be complied with; and
Part 2 Authorisation of controlled operations
Section 11
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(g) the operation will not be conducted in a way that a person is
likely to be induced to—
(i) commit an offence against a law of any jurisdiction or the
Commonwealth that the person would not otherwise have
committed; or
(ii) engage in corrupt conduct; and
(h) any conduct involved in the operation will not—
(i) endanger the health or safety of any person; or
(ii) cause the death of, or injury to, any person; or
(iii) involve the commission of a sexual offence against any
person; or
(iv) result in unlawful loss of or serious damage to property
(other than illicit goods); and
(i) any role assigned to a civilian participant in the operation is not
one that could be adequately performed by a law enforcement
officer.
11 Form of authority
(1) An authority to conduct a controlled operation may be granted—
(a) in writing signed by the chief officer (a standard authority); or
(b) if the chief officer is satisfied that the delay caused by granting
a standard authority may affect the success of the operation—
orally in person or by telephone, fax, email or any other means
of communication (an urgent authority).
(2) This part does not prevent an authority being granted in relation to a
controlled operation that has been the subject of a previous authority.
Authorisation of controlled operations Part 2
Section 11
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(3) An authority, whether standard or urgent, must—
(a) state the name and rank or position of the person granting the
authority; and
(b) identify the principal law enforcement officer and, if the
principal law enforcement officer is not the applicant for the
authority, the name of the applicant; and
(c) state whether the application is a standard application or an
urgent application; and
(d) identify each person who may engage in controlled conduct for
the purposes of the controlled operation; and
(e) state the participating jurisdictions in which the controlled
conduct is, or is likely, to be engaged in; and
(f) identify the nature of the criminal activity (including the
suspected relevant offences) or corrupt conduct in relation to
which the controlled conduct is to be engaged in; and
(g) identify—
(i) in relation to the law enforcement participants—the nature
of the controlled conduct that the participants may engage
in; and
(ii) in relation to the civilian participants—the particular
controlled conduct (if any) that each participant may
engage in; and
(h) identify (to the extent known) any suspect; and
(i) state the period (not longer than 3 months for a standard
authority or 7 days for an urgent authority) of validity of the
authority; and
(j) state any conditions to which the conduct of the operation is
subject; and
(k) state the date and time when the authority is granted; and
Part 2 Authorisation of controlled operations
Section 12
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(l) identify (to the extent known)—
(i) the nature and quantity of any illicit goods that will be
involved in the operation; and
(ii) the route through which those goods will pass in the course
of the operation.
(4) A person is sufficiently identified for subsection (3) (d) if the person
is identified—
(a) by an assumed name under which the person is operating; or
(b) by a code name or code number—
so long as the assumed name, code name or code number can be
matched to the person’s identity.
(5) The chief officer must ensure that written notes are kept of the details
mentioned in subsection (3) for each urgent authority.
12 Duration of authority
Unless sooner cancelled, an authority has effect for the period of
validity stated in it in accordance with section 11 (3) (i).
13 Amendment of authority
(1) The chief officer may amend an authority—
(a) at any time on the chief officer’s own initiative; or
(b) on application under subsection (3).
(2) However, an amendment cannot be made that has the effect of—
(a) extending the period of validity of an urgent authority; or
(b) extending the period of validity of a standard authority for
longer than 3 months after the date it was granted.
Authorisation of controlled operations Part 2
Section 13
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(3) The principal law enforcement officer for an authorised operation, or
any other law enforcement officer on behalf of the principal law
enforcement officer, may apply to the chief officer for an amendment
of an authority for any 1 or more of the following purposes:
(a) to extend the period of validity of the authority (except as
provided by subsection (2));
(b) to authorise additional or alternative people to engage in
controlled conduct for the purposes of the operation;
(c) to authorise participants in the operation to engage in additional
or alternative controlled conduct;
(d) to identify additional suspects (to the extent known).
(4) More than 1 application for amendment may be made in relation to
the same authority.
(5) An application for amendment of an authority may be made—
(a) in writing signed by the applicant (a standard amendment
application); or
(b) if the applicant has reason to believe that the delay caused by
making a standard amendment application may affect the
success of the operation—orally in person or by telephone, fax,
email or any other means of communication (an urgent
amendment application).
(6) The chief officer may require the applicant to give the information
concerning the proposed amendment that is necessary for the chief
officer’s proper consideration of the application.
(7) As soon as practicable after making an urgent amendment
application, the applicant must make a written record of the
application and give a copy of it to the chief officer.
Part 2 Authorisation of controlled operations
Section 13
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(8) After considering an application for amendment of an authority, and
any additional information given under subsection (6), the chief
officer may—
(a) amend the authority in accordance with the application, either
unconditionally or subject to conditions; or
(b) refuse the application.
(9) Section 10 (2) applies to an application for amendment of an authority
under this section in the same way as it applies to an application for
an authority under section 10 (1).
(10) Without limiting subsection (9), an amendment of an authority may
not be granted unless the chief officer is satisfied on reasonable
grounds that the amendment will not authorise a significant alteration
of the nature of the authorised operation concerned.
(11) An amendment of an authority may be granted only—
(a) in writing signed by the chief officer (a standard amendment of
authority); or
(b) if the chief officer is satisfied that the delay caused by granting
a standard amendment of authority may affect the success of the
operation—orally in person or by telephone, fax, email or any
other means of communication (an urgent amendment of
authority).
(12) The chief officer must—
(a) ensure that written notes are kept of the following matters:
(i) the date and time when the amendment of authority was
granted;
(ii) the identity of the law enforcement officer to whom the
amendment of authority was granted;
(iii) particulars of the amendments of the original authority that
are approved under this section; and
Authorisation of controlled operations Part 2
Section 14
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(b) as soon as practicable, prepare and give to the applicant a written
amendment of authority that complies with section 14.
(13) The applicant must take all reasonable steps to inform participants in
a controlled operation about the grant of a standard amendment of
authority no later than 48 hours after the day the standard amendment
of authority is granted.
14 Form of amendment of authority
An amendment of an authority must—
(a) identify the authorised operation for which the authority is in
force; and
(b) state the name, and rank or position, of the person granting the
amendment; and
(c) if the application for amendment is made under section 13 (3)—
state the name of the applicant; and
(d) state whether the application is a standard amendment
application or was an urgent amendment application; and
(e) state the date and time when the amendment of an authority is
or was granted; and
(f) describe the amendment having regard to the purposes
mentioned in section 13 (3) in relation to which the application
was made.
15 Cancellation of authority
(1) The chief officer may, by written order given to the principal law
enforcement officer for an authorised operation, cancel the authority
at any time and for any reason.
(2) Without limiting subsection (1), the chief officer may cancel an
authority for an authorised operation at any time at the request of the
principal law enforcement officer for the operation.
Part 2 Authorisation of controlled operations
Section 16
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(3) Cancellation of an authority for a controlled operation takes effect—
(a) when the order is made; or
(b) if the order states a later time of effect—at the later time.
16 Effect of authority
(1) While it has effect, an authority for a controlled operation
authorises—
(a) each law enforcement participant to engage in the controlled
conduct stated in the authority in relation to the law enforcement
participants; and
(b) each civilian participant (if any) to engage in the particular
controlled conduct (if any) stated in the authority in relation to
the participant; and
(c) each participant to engage in that conduct in the ACT or any
participating jurisdiction (subject to any corresponding law of
that participating jurisdiction).
(2) The authority to engage in controlled conduct given to a participant
cannot be delegated to any other person.
17 Defect in authority
An application for an authority or amendment of an authority, and
any authority or amendment of an authority granted on the basis of an
application, is not invalidated by any defect, other than a defect that
affects the application, authority or amendment in a material
particular.
Conduct of controlled operations Part 3
Controlled conduct engaged in for authorised operation Division 3.1
Section 18
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Part 3 Conduct of controlled operations
Division 3.1 Controlled conduct engaged in for
authorised operation
18 Protection from criminal responsibility for controlled
conduct during authorised operation
Despite any other territory law, a participant who engages in conduct
(whether in the ACT or elsewhere) in an authorised operation in the
course of, and for the purposes of, the operation is not, if engaging in
that conduct is an offence, criminally responsible for the offence if—
(a) the conduct is authorised by, and is engaged in in accordance
with, the authority for the operation; and
(b) the conduct does not involve the participant intentionally
inducing a person to commit an offence against a law of any
jurisdiction or the Commonwealth that the person would not
otherwise have committed; and
(c) the conduct does not involve the participant engaging in any
conduct that is likely to—
(i) cause the death of, or serious injury to, any person; or
(ii) involve the commission of a sexual offence against any
person; and
(d) if the participant is a civilian participant—the participant acts in
accordance with the instructions of a law enforcement officer.
Part 3 Conduct of controlled operations
Division 3.1 Controlled conduct engaged in for authorised operation
Section 19
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19 Civil liability not incurred
(1) This section applies if a controlled operation has been authorised by
the chief officer of a law enforcement agency under section 10.
(2) A participant in the authorised operation does not incur any civil
liability because of conduct that the participant engages in if—
(a) the participant engages in the conduct in the course of, and for
the purposes of, the operation in accordance with the authority
for the operation; and
(b) the conduct does not involve the participant intentionally
inducing a person to—
(i) commit an offence under a law of any jurisdiction or the
Commonwealth that the person would not otherwise have
committed; or
(ii) engage in corrupt conduct; and
(c) the conduct does not involve the participant engaging in any
conduct that is likely to—
(i) cause the death of, or serious injury to, any person; or
(ii) involve the commission of a sexual offence against any
person; and
(d) if the participant is a civilian participant—the participant acts in
accordance with the instructions of a law enforcement officer;
and
(e) the requirements (if any) prescribed by regulation have been
met.
(3) Any liability that would, apart from this section, attach to the
participant, attaches instead to the Territory.
Conduct of controlled operations Part 3
Controlled conduct engaged in for authorised operation Division 3.1
Section 20
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20 Effect of s 18 and s 19 on other laws relating to criminal
investigation
Section 18 and section 19 do not apply to a person’s conduct that is,
or could have been, authorised under a territory law relating to the
following:
(a) arrest or detention of individuals;
(b) searches of individuals;
(c) entry onto, or searches or inspection of, premises;
(d) searches, inspections or seizures of other property;
(e) forensic procedures;
(f) electronic surveillance devices or telecommunications
interception;
(g) identification procedures;
(h) the acquisition or use of assumed identities;
(i) any other matter concerning powers of criminal investigation.
21 Effect of being unaware of amendment or cancellation of
authority
(1) If an authority for a controlled operation is amended in a way that
limits its scope, this part continues to apply to a participant in the
operation as if the authority had not been amended in that way, for so
long as the participant—
(a) is unaware of the amendment; and
(b) is not reckless about the existence of the amendment.
(2) If an authority for a controlled operation is cancelled, this part
continues to apply to a participant in the operation as if the authority
had not been cancelled, for so long as the participant—
(a) is unaware of the cancellation; and
Part 3 Conduct of controlled operations
Division 3.2 Compensation and notification of third parties
Section 22
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(b) is not reckless about the existence of the cancellation.
22 Protection from criminal responsibility for certain
ancillary conduct
(1) This section applies to conduct (ancillary conduct) for which a
person may be criminally responsible because it involves conduct
engaged in by another person that is controlled conduct for which the
other person would (apart from section 18) be criminally responsible
(the related controlled conduct).
Examples—ancillary conduct
1 aiding and abetting (see Criminal Code, s 45)
2 conspiracy (see Criminal Code, s 48)
(2) Despite any other territory law, a person who engages in ancillary
conduct that is an offence is not criminally responsible for the offence
if at the time the person engaged in the ancillary conduct—
(a) the person believed the related controlled conduct was being
engaged in, or would be engaged in, by a participant in an
authorised operation; and
(b) the person was a participant in, or was otherwise authorised to
know about, the operation.
Division 3.2 Compensation and notification of
third parties
23 Compensation for property loss or serious damage
(1) If a person suffers loss of or serious damage to property as a direct
result of an authorised operation conducted under this Act by the
Australian Federal Police, the Territory is liable to pay to the person
compensation as agreed between the Territory and the person or, in
default of agreement, as decided by action against the Territory in a
court of competent jurisdiction.
Conduct of controlled operations Part 3
Compensation and notification of third parties Division 3.2
Section 24
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(2) Subsection (1) does not apply if the person—
(a) suffered the loss or damage in the course of, or as a direct result
of, engaging in any criminal activity or corrupt conduct (other
than criminal activity or corrupt conduct that is controlled
conduct); or
(b) was a law enforcement officer involved in the authorised
operation at the time of suffering the loss or damage.
24 Notification requirements
(1) If any loss of or serious damage to property occurs in the course of or
as a direct result of an authorised operation (other than property of the
law enforcement agency on behalf of which the operation is
conducted or a participant in the operation), the principal law
enforcement officer for the operation must report the loss or damage
to the chief officer of the law enforcement agency as soon as
practicable.
(2) The chief officer must take all reasonable steps to notify the owner of
the property of the loss or damage.
(3) The chief officer is not required to notify the owner of the property
until satisfied that notification would not—
(a) compromise or hinder the authorised operation; or
(b) compromise the identity of a participant in the authorised
operation; or
(c) endanger the life or safety of any person; or
(d) prejudice any legal proceeding; or
(e) otherwise be contrary to the public interest.
Part 3 Conduct of controlled operations
Division 3.3 Mutual recognition
Section 25
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Division 3.3 Mutual recognition
25 Mutual recognition of corresponding authority
The following provisions apply, with any necessary changes, to a
corresponding authority under a corresponding law, and to a
corresponding authorised operation under that law, as if the
corresponding authority were an authority given under section 10:
(a) section 16 (Effect of authority);
(b) section 17 (Defect in authority);
(c) section 18 (Protection from criminal responsibility for
controlled conduct during authorised operation);
(d) section 19 (Civil liability not incurred);
(e) section 20 (Effect of s 18 and s 19 on other laws relating to
criminal investigation);
(f) section 21 (Effect of being unaware of amendment or
cancellation of authority);
(g) section 22 (Protection from criminal responsibility for certain
ancillary conduct).
Compliance and monitoring Part 4
Restrictions on disclosure of information Division 4.1
Section 26
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Part 4 Compliance and monitoring
Division 4.1 Restrictions on disclosure of
information
26 Unauthorised disclosure of information
(1) A person commits an offence if—
(a) the person is a participant in, or is otherwise authorised to have
information about, an authorised operation or a corresponding
authorised operation; and
(b) the person discloses information; and
(c) the information relates to the authorised operation or
corresponding authorised operation; and
(d) the disclosure is not made—
(i) in connection with the administration or execution of this
Act or a corresponding law; or
(ii) for the purposes of any legal proceeding arising out of or
otherwise related to this Act or a corresponding law or of
any report of any such proceeding; or
(iii) in accordance with any requirement imposed by law.
Maximum penalty: imprisonment for 2 years.
(2) A person commits an offence if the person commits an offence
against subsection (1) in circumstances in which the person—
(a) intends to endanger the health or safety of any person; or
(b) is reckless about whether the disclosure of the information
endangers or will endanger the health or safety of any person.
Maximum penalty: imprisonment for 10 years.
Part 4 Compliance and monitoring
Division 4.2 Reporting and record-keeping
Section 27
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(3) A person commits an offence if the person commits an offence
against subsection (1) in circumstances in which the person––
(a) intends to prejudice the effective conduct of an authorised
operation or a corresponding authorised operation; or
(b) is reckless about whether the disclosure of the information
prejudices or will prejudice the effective conduct of an
authorised operation or a corresponding authorised operation.
Maximum penalty: imprisonment for 2 years.
Division 4.2 Reporting and record-keeping
27 Principal law enforcement officers’ reports
(1) Within 2 months after the completion of an authorised operation, the
principal law enforcement officer for the operation must make a
report in accordance with this section to the chief officer of the law
enforcement agency.
(2) The report must include the following details:
(a) the dates and times when the authorised operation began and
was completed;
(b) the nature of the controlled conduct engaged in for the purposes
of the operation;
(c) details of the outcome of the operation;
(d) if the operation involved illicit goods, a statement (to the extent
known) of—
(i) the nature and quantity of the illicit goods; and
(ii) the route through which the illicit goods passed in the
course of the operation;
Compliance and monitoring Part 4
Reporting and record-keeping Division 4.2
Section 28
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(e) details of any loss of or serious damage to property, or any
personal injuries, occurring in the course of or as a direct result
of the operation.
28 Chief officers’ annual reports
(1) As soon as practicable after 30 July in each year, the chief officer of
each law enforcement agency must give the Minister a report setting
out the details required by subsection (2) in relation to controlled
operations conducted on behalf of the agency during the previous
financial year.
(2) The report must include the following details:
(a) the number of standard authorities that were granted or amended
by the chief officer, and the number of standard applications for
the granting or amendment of authorities that were refused by
the chief officer, during the period to which the report relates;
(b) the number of urgent authorities or urgent amendments of
authorities that were granted by the chief officer, and the number
of urgent applications for authorities or urgent amendments of
authorities that were refused by the chief officer, during the
period to which the report relates;
(c) the nature of the criminal activities or corrupt conduct against
which the authorised operations were directed;
(d) the nature of the controlled conduct engaged in for the purposes
of the authorised operations;
(e) if any of the authorised operations involved illicit goods––a
statement (to the extent known) of—
(i) the nature and quantity of the illicit goods; and
(ii) the route through which the illicit goods passed in the
course of the operations;
Part 4 Compliance and monitoring
Division 4.2 Reporting and record-keeping
Section 28
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(f) details of any loss of or serious damage to property, or any
personal injuries, occurring in the course of or as a direct result
of the authorised operations;
(g) the number of authorities cancelled by the chief officer or that
expired during the period to which the report relates;
(h) any seizure, arrest and prosecution arising from the authorised
operations.
(3) The Minister may require the chief officer to give additional
information in relation to any authorised operation to which a report
relates.
(4) The details mentioned in subsection (2) must be classified into
controlled operations conducted in the ACT, in the ACT and 1 or
more other jurisdictions or in 1 or more participating jurisdictions.
(5) The report must not disclose any information that identifies any
suspect or a participant in an authorised operation or that is likely to
lead to a suspect or participant being identified.
(6) This section does not require particulars of an authorised operation to
be included in a report for a year if the operation had not been
completed as at 30 June in that year, but the particulars must instead
be included in the report for the year in which the operation is
completed.
(7) The chief officer must advise the Minister of any information in the
report that, in the chief officer’s opinion, should be excluded from the
report before the report is presented to the Legislative Assembly
because the information, if made public, could reasonably be
expected to—
(a) endanger a person’s safety; or
Compliance and monitoring Part 4
Reporting and record-keeping Division 4.2
Section 29
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(b) prejudice an investigation or prosecution; or
(c) compromise any law enforcement agency’s operational
activities or methodologies.
(8) The Minister must exclude information from the report if satisfied on
the advice of the chief officer of any of the grounds set out in
subsection (7).
(9) The Minister must present a copy of the report to the Legislative
Assembly within 15 sitting days from the day on which the report is
received by the Minister.
29 Keeping documents connected with authorised operation
The chief officer of a law enforcement agency must cause the
following to be kept:
(a) each standard application made by a law enforcement officer of
the agency;
(b) each standard authority granted to a law enforcement officer of
the agency;
(c) each standard amendment application made by a law
enforcement officer of the agency;
(d) each standard amendment of authority granted to a law
enforcement officer of the agency;
(e) each order cancelling an authority granted to a law enforcement
officer of the agency;
(f) each report of a principal law enforcement officer of the agency
under section 24 (1) or section 27.
Part 4 Compliance and monitoring
Division 4.2 Reporting and record-keeping
Section 30
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30 General register
(1) The chief officer of a law enforcement agency must cause a general
register to be kept.
(2) The general register is to specify—
(a) for each application under this Act made by a law enforcement
officer of the agency (including an application for amendment
of an authority)—
(i) the date of the application; and
(ii) whether the application was standard or urgent; and
(iii) whether the application was made for a controlled
operation conducted in the ACT, in the ACT and 1 or more
other jurisdictions or in 1 or more participating
jurisdictions; and
(iv) whether the application was granted, refused or withdrawn;
and
(v) if the application was refused or withdrawn, the date and
time of the refusal or withdrawal; and
(vi) if the authority was amended, the date and time of the
amendment; and
(b) for each authority under this Act granted to a law enforcement
officer of the agency—
(i) the date and time when the authority was granted; and
(ii) whether the authority was standard or urgent; and
(iii) whether the application was made for a controlled
operation conducted in the ACT, in the ACT and 1 or more
other jurisdictions or in 1 or more participating
jurisdictions; and
Compliance and monitoring Part 4
Reporting and record-keeping Division 4.2
Section 30
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(iv) the name, and rank or position, of the person who granted
the authority; and
(v) each relevant offence in respect of which controlled
conduct under the authority was to be engaged in; and
(vi) the period of validity of the authority; and
(vii) if the authority was cancelled, the date and time of
cancellation; and
(viii) the date and time when the authorised operation began and
the date of completion of the operation; and
(ix) the date on which the principal law enforcement officer for
the operation made a report on the operation under section
27; and
(x) if the authorised operation involved illicit goods (to the
extent known)—
(A) the nature and quantity of the illicit goods; and
(B) the route through which the illicit goods passed in the
course of the operation; and
(xi) details of any loss of or serious damage to property, or any
personal injuries, occurring in the course of or as a direct
result of the operation; and
(c) for each amendment of an authority—
(i) the date and time when the amendment was made; and
(ii) whether the amendment was standard or urgent; and
(iii) the name, and rank or position, of the person who made the
amendment.
Part 4 Compliance and monitoring
Division 4.3 Inspections
Section 31
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Division 4.3 Inspections
31 Inspection of records by ombudsman
(1) The ombudsman must, from time to time and at least once every
12 months, inspect the records of a law enforcement agency to
determine the extent of compliance with this Act by the agency and
law enforcement officers of the agency.
(2) For the purpose of an inspection under this section, the ombudsman—
(a) after notifying the chief officer of the law enforcement agency,
may enter at any reasonable time premises occupied by the
agency; and
(b) is entitled to have full and free access at all reasonable times to
all records of the agency that are relevant to the inspection; and
(c) may require a member of staff of the agency to give the
ombudsman any information that the ombudsman considers
necessary, being information that is in the member’s possession,
or to which the member has access, and that is relevant to the
inspection.
(3) The chief officer must ensure that members of staff of the agency give
the ombudsman any assistance the ombudsman reasonably requires
to enable the ombudsman to exercise functions under this section.
(4) The ombudsman must give a written report prepared under the
Annual Reports (Government Agencies) Act 2004, on the results of
each inspection under this section in the preceding financial year.
(5) The report must include a report on the comprehensiveness and
adequacy of the records of the agency and the cooperation given by
the agency in facilitating the inspection by the ombudsman of those
records.
Miscellaneous Part 5
Section 32
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Part 5 Miscellaneous
32 Evidence of authorities
(1) A document purporting to be an authority granted under section 10—
(a) is admissible in any legal proceedings; and
(b) in the absence of evidence to the contrary, is proof in any
proceedings (not being criminal or disciplinary proceedings
against a law enforcement officer) that the person who granted
the authority was satisfied of the facts of which he or she was
required to be satisfied before granting the authority.
(2) A document purporting to be an authority within the meaning of a
corresponding law granted under a provision of the corresponding
law that corresponds to section 10—
(a) is admissible in any legal proceedings in the ACT; and
(b) in the absence of evidence to the contrary, is proof in any
proceedings (not being criminal or disciplinary proceedings
against a law enforcement officer) that the person who granted
the authority was satisfied of the facts of which he or she was
required to be satisfied under the corresponding law before
granting the authority.
33 Delegation
(1) Except as provided by this section, and despite any other Act or law
to the contrary, the functions of a chief officer under this Act must
not be delegated to any other person.
(2) A chief officer may delegate to a senior officer of the law enforcement
agency any of the chief officer’s functions under this Act relating to
the authorisation of controlled operations (including the amendment
and cancellation of controlled operations and notifications under
section 24 (2)).
Part 5 Miscellaneous
Section 34
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(3) In this section:
senior officer means a person for the time being holding office as—
(a) in relation to the Australian Federal Police—a police officer of
the rank of commander (or a higher rank); or
(b) in relation to the Australian Crime Commission, any of the
following:
(i) the Director National Operations;
(ii) a Director;
(iii) an office of the Australian Crime Commission that is
prescribed by regulation; or
(c) in relation to the integrity commission––a position of the
integrity commission prescribed by regulation.
34 Regulation-making power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• chief police officer
• function
• integrity commission
• integrity commissioner
• Legislative Assembly
• ombudsman
• territory law
• the Territory.
Australian Crime Commission means the Australian Crime
Commission established by the Australian Crime Commission
Act 2002 (Cwlth).
authorised operation means a controlled operation for which an
authority is in force.
authority means an authority in force under part 2 (Authorisation of
controlled operations).
chief officer means––
(a) in relation to the Australian Federal Police––the chief police
officer; and
(b) in relation to the Australian Crime Commission––means the
chief executive officer of the Australian Crime Commission;
and
(c) in relation to the integrity commission––the integrity
commissioner.
civilian participant, in an authorised operation, means a participant
in the operation who is not a law enforcement officer.
Dictionary
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conduct includes an act or omission.
controlled conduct means conduct for which a person would, apart
from section 18 (Protection from criminal responsibility for
controlled conduct during authorised operation) or section 25 (Mutual
recognition of corresponding authority), be criminally responsible.
controlled operation means an operation that—
(a) is conducted, or intended to be conducted, for the purpose of
obtaining evidence that may—
(i) lead to the prosecution of a person for a relevant offence;
or
(ii) be used in an investigation under the Integrity Commission
Act 2018; and
(b) 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 a corresponding law) that is in force
under a corresponding law.
corresponding law means a law of another jurisdiction that
corresponds to this Act, and includes a law of another jurisdiction that
is declared by regulation to correspond to this Act.
corresponding participant means a person who is authorised by a
corresponding authority to participate in a corresponding authorised
operation.
corrupt conduct—see the Integrity Commission Act 2018, dictionary.
criminal activity means conduct that involves the commission of an
offence by 1 or more people.
illicit goods means goods the possession of which is a contravention
of the law of the ACT.
Dictionary
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investigator—see the Integrity Commission Act 2018, dictionary.
jurisdiction means a State or Territory of the Commonwealth.
law enforcement agency means—
(a) the Australian Federal Police; or
(b) the Australian Crime Commission; or
(c) the integrity commission.
law enforcement officer—
(a) means—
(i) for the Australian Federal Police—a police officer; or
(ii) for the Australian Crime Commission—a member of staff
of the Australian Crime Commission; or
(iii) for the integrity commission—an investigator; and
(b) includes a person who is seconded to a law enforcement agency,
including (but not limited to) a member of the police force or
police service, and a police officer (however described), of
another jurisdiction.
law enforcement participant, in an authorised operation, means a
participant in the operation who is a law enforcement officer.
participant, in an authorised operation, means a person who is
authorised under this Act 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.
Dictionary
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relevant offence means—
(a) an offence against an ACT law punishable by imprisonment of
3 years or more; or
(b) an offence against an ACT law that is prescribed by regulation.
standard amendment application—see section 13.
standard amendment of authority—see section 13.
standard application—see section 9.
standard authority—see section 11.
suspect means a person reasonably suspected of—
(a) having committed or being likely to have committed, or of
committing or being likely to commit, a relevant offence; or
(b) having engaged in or being likely to have engaged in, or of
engaging in or being likely to engage in, corrupt conduct.
urgent amendment application—see section 13.
urgent amendment of authority—see section 13.
urgent application—see section 9.
urgent authority—see section 11.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Crimes (Controlled Operations) Act 2008 A2008-32
notified LR 18 August 2008
s 1, s 2 commenced 18 August 2008 (LA s 75 (1))
remainder commenced 19 August 2008 (s 2)
as amended by
Freedom of Information Act 2016 A2016-55 sch 4 pt 4.5 (as am by
A2017-14 s 19)
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
sch 4 pt 4.5 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)
Justice and Community Safety Legislation Amendment Act 2017
(No 2) A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))
Note This Act only amends the Freedom of Information Act 2016
A2016-55.
Integrity Commission Act 2018 A2018-52 sch 1 pt 1.6 (as am by
A2019-18 s 4)
notified LR 11 December 2018
s 1, s 2 commenced 11 December 2018 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 December 2019 (s 2 (2) (a) as am by
A2019-18 s 4)
Integrity Commission Amendment Act 2019 A2019-18 s 4
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
s 3, s 4 commenced 15 June 2019 (s 2 (1))
Note This Act only amends the Integrity Commission Act 2018
A2018-52.
Justice and Community Safety Legislation Amendment
Act 2021 (No 2) A2021-33 pt 5
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
pt 5 commenced 17 December 2021 (s 2 (1))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Relationship to other laws and matters
s 7 am A2016-55 amdt 4.7; A2018-52 amdt 1.32
Application for authority to conduct controlled operation
s 9 am A2018-52 amdt 1.33
Decision on application for authority
s 10 am A2018-52 amdt 1.34, amdt 1.35
Form of authority
s 11 am A2018-52 amdt 1.36
Civil liability not incurred
s 19 am A2018-52 amdt 1.37
Compensation for property loss or serious damage
s 23 am A2018-52 amdt 1.38
Chief officers’ annual reports
s 28 am A2018-52 amdt 1.39
Delegation
s 33 am A2018-52 amdt 1.40; A2021-33 s 13
Dictionary
dict am A2018-52 amdt 1.41
def chief officer am A2018-52 amdt 1.42
def controlled operation am A2018-52 amdt 1.43
def corrupt conduct ins A2018-52 amdt 1.44
def investigator ins A2018-52 amdt 1.44
def law enforcement agency am A2018-52 amdt 1.45
def law enforcement officer am A2018-52 amdt 1.46
def suspect sub A2018-52 amdt 1.47