sec.208GProtection from criminal responsibility

sec.208G Protection from criminal responsibility

Despite any other Act or law, a person (the participant ) who engages in conduct in a controlled purchase 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— either— the conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; or the conduct is ancillary to conduct mentioned in subparagraph (i) , including, for example, aiding or enabling the conduct mentioned in subparagraph (i) ; and the conduct does not involve the participant intentionally inducing a person to commit an offence that the person would not otherwise have intended to commit. To remove any doubt, it is declared that subsection (1) does not apply if the participant engages in conduct that seriously endangers the health or safety of any person. s 208G ins 2025 No. 27 s 22 (sec.208G-ssec.1) Despite any other Act or law, a person (the participant ) who engages in conduct in a controlled purchase 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— either— the conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; or the conduct is ancillary to conduct mentioned in subparagraph (i) , including, for example, aiding or enabling the conduct mentioned in subparagraph (i) ; and the conduct does not involve the participant intentionally inducing a person to commit an offence that the person would not otherwise have intended to commit. (sec.208G-ssec.2) To remove any doubt, it is declared that subsection (1) does not apply if the participant engages in conduct that seriously endangers the health or safety of any person.

• (a) either— (i) the conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; or (ii) the conduct is ancillary to conduct mentioned in subparagraph (i) , including, for example, aiding or enabling the conduct mentioned in subparagraph (i) ; and
• (i) the conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; or
• (ii) the conduct is ancillary to conduct mentioned in subparagraph (i) , including, for example, aiding or enabling the conduct mentioned in subparagraph (i) ; and
• (b) the conduct does not involve the participant intentionally inducing a person to commit an offence that the person would not otherwise have intended to commit.
• (i) the conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; or
• (ii) the conduct is ancillary to conduct mentioned in subparagraph (i) , including, for example, aiding or enabling the conduct mentioned in subparagraph (i) ; and