sec.259Indemnification of participants against civil liability

### sec.259 Indemnification of participants against civil liability This section applies to a law enforcement agency if a controlled operation has been authorised by the chief executive officer of the agency under section 241 , 242 or 243 . The law enforcement agency must indemnify a participant in the authorised operation against any civil liability, including reasonable costs, the participant incurs because of conduct the participant engages in if— 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 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; and the requirements, if any, stated under a regulation have been met. s 259 ins 2000 No. 22 s 8 sub 2005 No. 45 s 12 (sec.259-ssec.1) This section applies to a law enforcement agency if a controlled operation has been authorised by the chief executive officer of the agency under section 241 , 242 or 243 . (sec.259-ssec.2) The law enforcement agency must indemnify a participant in the authorised operation against any civil liability, including reasonable costs, the participant incurs because of conduct the participant engages in if— 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 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; and the requirements, if any, stated under a regulation have been met. - (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 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; and - (e) the requirements, if any, stated under a regulation have been met. - (i) cause the death of, or serious injury to, any person; or - (ii) involve the commission of a sexual offence against any person; and