sec.244Matters to be taken into account

### sec.244 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— that a relevant offence has been, is being, or is likely to be committed; and that the nature and extent of the suspected criminal activity justifies the conduct of a controlled operation— in this jurisdiction; or in this jurisdiction and a participating jurisdiction, if the controlled operation will be or is likely to be conducted in those jurisdictions; and that any unlawful conduct involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and 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 that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of part 5 to be complied with; and that the operation will not be conducted in a way that makes it likely for a person to be induced to commit an offence against a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and that any conduct involved in the operation will not— seriously endanger the health or safety of any person; or cause the death of, or serious injury to, any person; or involve the commission of a sexual offence against any person; or result in serious loss of or serious damage to property, other than illicit goods; and that any role given to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer; and that any proposed participant in the operation has received appropriate training for the purpose. The chief executive officer may delegate powers under this section—see part 6 , division 1 . Also, the chief executive officer must not grant authority for a controlled operation unless the committee has recommended that the authority be granted. For subsection (1) (g) (iii) , the following conduct does not involve the commission of a sexual offence against a person— possessing, distributing or editing material that depicts a sexual offence; administering a website or chat group used by members to share materials that depict sexual offences producing material that appears to depict a sexual offence provided the material does not depict a real person; the use of artificial intelligence to fabricate material depicting a sexual offence altering material to change the appearance of a person or conduct depicted in the material communicating with a person suspected of— committing, or having committed, a sexual offence; or seeking to commit a sexual offence; or offering to engage in conduct that would constitute a sexual offence; or enabling another person to engage in conduct that would constitute a sexual offence. In this section— chat group means a group of persons using electronic communication to communicate within the group, regardless of whether the service used for the communication is intended to be primarily used for that purpose. instant messaging services, email or computer games distributing see the Criminal Code , section 207A , definition distribute . material see the Criminal Code , section 207A . s 244 ins 2005 No. 45 s 12 amd 2023 No. 21 s 50C (sec.244-ssec.1) An authority to conduct a controlled operation may not be granted unless the chief executive officer is satisfied on reasonable grounds— that a relevant offence has been, is being, or is likely to be committed; and that the nature and extent of the suspected criminal activity justifies the conduct of a controlled operation— in this jurisdiction; or in this jurisdiction and a participating jurisdiction, if the controlled operation will be or is likely to be conducted in those jurisdictions; and that any unlawful conduct involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and 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 that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of part 5 to be complied with; and that the operation will not be conducted in a way that makes it likely for a person to be induced to commit an offence against a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and that any conduct involved in the operation will not— seriously endanger the health or safety of any person; or cause the death of, or serious injury to, any person; or involve the commission of a sexual offence against any person; or result in serious loss of or serious damage to property, other than illicit goods; and that any role given to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer; and that any proposed participant in the operation has received appropriate training for the purpose. The chief executive officer may delegate powers under this section—see part 6 , division 1 . (sec.244-ssec.2) Also, the chief executive officer must not grant authority for a controlled operation unless the committee has recommended that the authority be granted. (sec.244-ssec.3) For subsection (1) (g) (iii) , the following conduct does not involve the commission of a sexual offence against a person— possessing, distributing or editing material that depicts a sexual offence; administering a website or chat group used by members to share materials that depict sexual offences producing material that appears to depict a sexual offence provided the material does not depict a real person; the use of artificial intelligence to fabricate material depicting a sexual offence altering material to change the appearance of a person or conduct depicted in the material communicating with a person suspected of— committing, or having committed, a sexual offence; or seeking to commit a sexual offence; or offering to engage in conduct that would constitute a sexual offence; or enabling another person to engage in conduct that would constitute a sexual offence. (sec.244-ssec.4) In this section— chat group means a group of persons using electronic communication to communicate within the group, regardless of whether the service used for the communication is intended to be primarily used for that purpose. instant messaging services, email or computer games distributing see the Criminal Code , section 207A , definition distribute . material see the Criminal Code , section 207A . - (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 justifies the conduct of a controlled operation— (i) in this jurisdiction; or (ii) in this jurisdiction and a participating jurisdiction, if the controlled operation will be or is likely to be conducted in those jurisdictions; and - (i) in this jurisdiction; or - (ii) in this jurisdiction and a participating jurisdiction, if the controlled operation will be or is likely to be conducted in those jurisdictions; 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 part 5 to be complied with; and - (f) that the operation will not be conducted in a way that makes it likely for a person to be induced to commit an offence against a law of any jurisdiction or the Commonwealth 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) involve the commission of a sexual offence against any person; or (iv) result in serious loss of or serious damage to property, other than illicit goods; and - (i) seriously endanger the health or safety of any person; or - (ii) cause the death of, or serious injury to, any person; or - (iii) involve the commission of a sexual offence against any person; or - (iv) result in serious loss of or serious damage to property, other than illicit goods; and - (h) that any role given to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer; and - (i) that any proposed participant in the operation has received appropriate training for the purpose. - (i) in this jurisdiction; or - (ii) in this jurisdiction and a participating jurisdiction, if the controlled operation will be or is likely to be conducted in those jurisdictions; and - (i) seriously endanger the health or safety of any person; or - (ii) cause the death of, or serious injury to, any person; or - (iii) involve the commission of a sexual offence against any person; or - (iv) result in serious loss of or serious damage to property, other than illicit goods; and - (a) possessing, distributing or editing material that depicts a sexual offence; Example— administering a website or chat group used by members to share materials that depict sexual offences - (b) producing material that appears to depict a sexual offence provided the material does not depict a real person; Examples— • the use of artificial intelligence to fabricate material depicting a sexual offence • altering material to change the appearance of a person or conduct depicted in the material - • the use of artificial intelligence to fabricate material depicting a sexual offence - • altering material to change the appearance of a person or conduct depicted in the material - (c) communicating with a person suspected of— (i) committing, or having committed, a sexual offence; or (ii) seeking to commit a sexual offence; or (iii) offering to engage in conduct that would constitute a sexual offence; or (iv) enabling another person to engage in conduct that would constitute a sexual offence. - (i) committing, or having committed, a sexual offence; or - (ii) seeking to commit a sexual offence; or - (iii) offering to engage in conduct that would constitute a sexual offence; or - (iv) enabling another person to engage in conduct that would constitute a sexual offence. - • the use of artificial intelligence to fabricate material depicting a sexual offence - • altering material to change the appearance of a person or conduct depicted in the material - (i) committing, or having committed, a sexual offence; or - (ii) seeking to commit a sexual offence; or - (iii) offering to engage in conduct that would constitute a sexual offence; or - (iv) enabling another person to engage in conduct that would constitute a sexual offence.