sec.261Effect of being unaware of variation or cancellation of authority

### sec.261 Effect of being unaware of variation or cancellation of authority If an authority for a controlled operation is varied in a way that limits its scope, this part continues to apply to a participant in the operation as if the authority had not been varied in that way, for as long as the participant— is unaware of the variation; and is not reckless about the existence of the variation. If an authority for a controlled operation is cancelled, this part continues to apply to a participant in the operation as if the authority had not been cancelled, for as long as the participant— is unaware of the cancellation; and is not reckless about the existence of the cancellation. For this section, a person is reckless about the existence of the variation or cancellation of an authority if— the person is aware of a substantial risk that the variation or cancellation has happened; and having regard to the circumstances known to the person, it is unjustifiable to continue to engage in conduct that was, but may no longer be, authorised by the authority because of the variation or cancellation. s 261 ins 2000 No. 22 s 8 sub 2005 No. 45 s 12 (sec.261-ssec.1) If an authority for a controlled operation is varied in a way that limits its scope, this part continues to apply to a participant in the operation as if the authority had not been varied in that way, for as long as the participant— is unaware of the variation; and is not reckless about the existence of the variation. (sec.261-ssec.2) If an authority for a controlled operation is cancelled, this part continues to apply to a participant in the operation as if the authority had not been cancelled, for as long as the participant— is unaware of the cancellation; and is not reckless about the existence of the cancellation. (sec.261-ssec.3) For this section, a person is reckless about the existence of the variation or cancellation of an authority if— the person is aware of a substantial risk that the variation or cancellation has happened; and having regard to the circumstances known to the person, it is unjustifiable to continue to engage in conduct that was, but may no longer be, authorised by the authority because of the variation or cancellation. - (a) is unaware of the variation; and - (b) is not reckless about the existence of the variation. - (a) is unaware of the cancellation; and - (b) is not reckless about the existence of the cancellation. - (a) the person is aware of a substantial risk that the variation or cancellation has happened; and - (b) having regard to the circumstances known to the person, it is unjustifiable to continue to engage in conduct that was, but may no longer be, authorised by the authority because of the variation or cancellation.