NSWIn ForceAct
Law Enforcement (Controlled Operations) Act 1997
20KProtection from criminal responsibility for controlled conduct during authorised operations
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#### 20K Protection from criminal responsibility for controlled conduct during authorised operations
20K Protection from criminal responsibility for controlled conduct during authorised operations
> > (1) Section 16 (Lawfulness of controlled activities) does not apply in relation to an authorised operation that is a cross-border controlled operation.
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> > (2) However, despite any other Act or law of this jurisdiction, a participant who engages in conduct (whether in this jurisdiction or elsewhere) in an authorised operation that is a cross-border controlled 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—
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> > > (a) the conduct is authorised by, and is engaged in in accordance with, the authority for the operation, and
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> > > (b) the conduct does not involve the participant’s intentionally inducing a person to commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit, and
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> > > (c) the conduct does not involve the participant’s engaging in any conduct that is likely—
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> > > > (i) to cause the death of, or serious injury to, any person, or
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> > > > (ii) to involve the commission of a sexual offence against any person, and
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> > > (d) the participant is a civilian participant—he or she acts in accordance with the instructions of a law enforcement officer.
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> **ss 20K–20N:** Ins 2006 No 14, Sch 1 \[9\].