South Australian Numbered Acts

CRIMINAL INVESTIGATION (COVERT OPERATIONS) ACT 2009 (NO 7 OF 2009) - SECT 19

19—Legal immunity of authorised persons acting under authority

Where an authorised person does something (whether in this State or elsewhere) that, apart from this section, would be an offence, the officer or person is not criminally responsible for the offence if—

            (a)         the act is done in the course of acquiring or using an assumed identity in accordance with an authority; and

            (b)         the act is done—

                  (i)         in the case of an authorised officer—in the course of his or her duty; or

                  (ii)         in the case of an authorised civilian—in accordance with any direction by his or her supervisor under the authority; and

            (c)         doing the act would not be an offence if the assumed identity were the person's real identity.