Western Australian Current Acts Western Australian Current Acts (1) A participant in a
controlled operation must not —
(a)
intentionally induce another person to engage in misconduct that there is no
reason to suspect that person has previously engaged in; or
(b)
engage in conduct that is likely to seriously endanger the health or safety of
that or any other participant, or any other person, or to result in serious
loss or damage to property.
(2) An authority to
conduct a controlled operation in respect of a matter for which there is not
an allegation of misconduct must not be granted unless each person to be
investigated under the controlled operation is —
(a) a
police officer; or
(b) a
person of a class prescribed by the regulations.
(2A) Subsection (2)
does not apply to an authority to conduct a controlled operation in respect of
a matter relating to the Commission’s functions under section 21AD.
(3) A person must not
be authorised to participate in a controlled operation unless the Commission
is satisfied that the person has the appropriate skills to participate in the
operation.
(4) A person who is
not an officer of the Commission —
(a) must
not be authorised to participate in any aspect of a controlled operation
unless the Commission is satisfied that it is wholly impracticable for an
officer of the Commission to participate in that aspect of the operation; and
(b) must
not be authorised to engage in a controlled activity unless it is wholly
impracticable for the person to participate in the aspect of the controlled
operation referred to in paragraph (a) without engaging in that activity.
[Section 122 inserted: No. 78 of 2003 s. 17;
amended: No. 10 of 2018 s. 11.]