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PENALTIES AND SENTENCES ACT 1992 - SECT 161S
Cooperation with law enforcement agencies
161S Cooperation with law enforcement agencies
(1) Subject to subsections (2) and (3) , sections 13A and 13B apply for the
sentencing of an offender who is convicted of a prescribed offence committed
with a serious organised crime circumstance of aggravation.
(2) For
section 13A , an offender mentioned in subsection (1) is taken to have
undertaken to cooperate with law enforcement agencies in a proceeding about an
offence, including a confiscation proceeding, only if— (a) the offender has
undertaken to cooperate with law enforcement agencies in a proceeding about a
major criminal offence; and
(b) the court is satisfied the cooperation will
be of significant use in a proceeding about a major criminal offence.
(3) For
section 13B , an offender mentioned in subsection (1) is taken to have
significantly cooperated with a law enforcement agency in its investigations
about an offence or a confiscation proceeding only if— (a) the offender has
significantly cooperated with a law enforcement agency in its investigations
about a major criminal offence; and
(b) the court is satisfied the
cooperation has been, is or will be of significant use to the law enforcement
agency or another law enforcement agency in its investigations about a
major criminal offence.
(4) This section applies despite section 161R (3) or
(4) .
(5) In this section—
"major criminal offence" means an indictable offence for which the maximum
penalty is at least 5 years imprisonment.
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