131EMatters to be taken into account

131E Matters to be taken into account

An authority to conduct a controlled operation may not be granted unless the chief executive officer is satisfied on reasonable grounds—

(a) that a relevant offence has been, is being or is likely to be, committed; and

(b) that the nature and extent of the suspected criminal activity are such as to justify the conduct of a controlled operation; and

(c) that any unlawful conduct involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and

(d) that the operation will be conducted in a way that will minimise the risk of more illicit goods being under the control of persons (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

(e) that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of Division 6 to be complied with; and

(f) that the operation will not be conducted in such a way that a person is likely to be induced to commit an offence that the person would not otherwise have intended to commit; and

(g) that any conduct involved in the operation will not—

(i) seriously endanger the health or safety of any person; or

(ii) cause the death of, or serious injury to, any person; or

(iii) result in unlawful loss of or serious damage to property (other than illicit goods).

S. 131F inserted by No. 16/2004 s. 49.