Western Australian Current Acts

CRIMINAL INVESTIGATION (COVERT POWERS) ACT 2012 - SECT 27

27 .         Protection from criminal responsibility for controlled conduct during authorised operations

                Despite any other written law of this jurisdiction, a participant who engages in conduct (whether in this jurisdiction or elsewhere) in an authorised 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 —

            (a)         the conduct is authorised by, and is engaged in accordance with, the authority for the operation; and

            (b)         the conduct does not involve the participant inducing or encouraging another person to engage in criminal activity of a kind that the other person could not reasonably be expected to engage in unless so induced or encouraged; and

            (c)         the conduct does not involve the participant engaging in any conduct that is likely to —

                  (i)         cause the death of, or serious injury to, any person; or

                  (ii)         involve the commission of a sexual offence against any person;

                and

            (d)         if the participant is a civilian participant, he or she acts in accordance with the instructions of a law enforcement officer.