sec.258Protection from criminal responsibility for controlled conduct during authorised operations

### sec.258 Protection from criminal responsibility for controlled conduct during authorised operations 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 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— the conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; and the conduct does not involve the participant 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 the conduct does not involve the participant engaging in any conduct that is likely to— cause the death of, or serious injury to, any person; or involve the commission of a sexual offence against any person; and if the participant is a civilian participant—the participant acts in accordance with the instructions of a law enforcement officer. Also, a law enforcement officer is not criminally responsible for conduct that, because of an authorised operation, was reasonably necessary to— protect the safety of any person; or protect the identity of a participant; or take advantage of an opportunity to— obtain evidence about a relevant offence not mentioned in the authority; or frustrate the commission of a relevant offence not mentioned in the authority. However, subsection (2) does not relieve a law enforcement officer from criminal responsibility for conduct if the conduct results in— injury to, or the death of, a person; or serious damage to property; or a serious loss of property; or a person being encouraged or induced by the officer 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 officer to engage in it. s 258 ins 2000 No. 22 s 8 sub 2005 No. 45 s 12 amd 2026 No. 4 s 26 (sec.258-ssec.1) 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 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— the conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; and the conduct does not involve the participant 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 the conduct does not involve the participant engaging in any conduct that is likely to— cause the death of, or serious injury to, any person; or involve the commission of a sexual offence against any person; and if the participant is a civilian participant—the participant acts in accordance with the instructions of a law enforcement officer. (sec.258-ssec.2) Also, a law enforcement officer is not criminally responsible for conduct that, because of an authorised operation, was reasonably necessary to— protect the safety of any person; or protect the identity of a participant; or take advantage of an opportunity to— obtain evidence about a relevant offence not mentioned in the authority; or frustrate the commission of a relevant offence not mentioned in the authority. (sec.258-ssec.3) However, subsection (2) does not relieve a law enforcement officer from criminal responsibility for conduct if the conduct results in— injury to, or the death of, a person; or serious damage to property; or a serious loss of property; or a person being encouraged or induced by the officer 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 officer to engage in it. - (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 under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; 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 - (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. - (i) cause the death of, or serious injury to, any person; or - (ii) involve the commission of a sexual offence against any person; and - (a) protect the safety of any person; or - (b) protect the identity of a participant; or - (c) take advantage of an opportunity to— (i) obtain evidence about a relevant offence not mentioned in the authority; or (ii) frustrate the commission of a relevant offence not mentioned in the authority. - (i) obtain evidence about a relevant offence not mentioned in the authority; or - (ii) frustrate the commission of a relevant offence not mentioned in the authority. - (i) obtain evidence about a relevant offence not mentioned in the authority; or - (ii) frustrate the commission of a relevant offence not mentioned in the authority. - (a) injury to, or the death of, a person; or - (b) serious damage to property; or - (c) a serious loss of property; or - (d) a person being encouraged or induced by the officer 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 officer to engage in it.