Western Australian Current Acts Western Australian Current Acts In this Part, unless
the contrary intention appears —
authorised operation means a controlled operation
for which an authority is in force;
authority means an authority in force under
Division 2, and includes any variation of such an authority and any
retrospective authority granted under section 25;
civilian participant , in an authorised operation,
means a participant in the operation who is not a law enforcement officer;
controlled conduct means conduct for which a
person would, but for section 27 or 34, be criminally responsible;
controlled operation means a law enforcement
operation that involves, or may involve, controlled conduct;
corresponding authorised operation means any
operation in the nature of a controlled operation that is authorised by or
under the provisions of a corresponding law;
corresponding authority means an authority
authorising a controlled operation (within the meaning of that term in a
corresponding law) that is in force under the corresponding law;
corresponding law means a law of another
jurisdiction that corresponds to this Part, and includes a prescribed law of
another jurisdiction;
corresponding participant means a person who is
authorised by a corresponding authority to participate in a corresponding
authorised operation;
Corruption and Crime Commission means the
Corruption and Crime Commission established under the
Corruption, Crime and Misconduct Act 2003 ;
cross-border controlled operation has the meaning
given in section 6;
formal application has the meaning given in
section 10(2)(a);
formal authority has the meaning given in
section 15(1)(a);
formal variation application has the meaning given
in section 19(3)(a);
formal variation of authority has the meaning
given in section 21(1)(a);
illicit goods means goods the possession of which
is a contravention of the law of this jurisdiction in the circumstances of the
particular case;
law enforcement participant , in an authorised
operation, means a participant in the operation who is a law enforcement
officer;
local controlled operation has the meaning given
in section 7;
participant , in an authorised operation, means a
person who is authorised under this Part to engage in controlled conduct for
the purposes of the operation;
participating jurisdiction means a jurisdiction in
which a corresponding law is in force;
principal law enforcement officer , for an
authorised operation, means the law enforcement officer who is responsible for
the conduct of the operation;
relevant offence means —
(a) an
offence against the law of this jurisdiction punishable by imprisonment for 3
years or more; or
(b) an
offence not covered by paragraph (a) that is prescribed for the purposes of
this definition, being an offence under any of the following Acts —
(i)
the
Classification (Publications, Films and Computer Games) Enforcement Act 1996
;
(ii)
The Criminal Code ;
(iii)
the Firearms Act 1973 ;
(iv)
the Fish Resources Management Act 1994 ;
(v)
the Misuse of Drugs Act 1981 ;
(vi)
the Prostitution Act 2000 ;
(vii)
the Weapons Act 1999 ;
sexual offence means —
(a) an
offence under The Criminal Code Part V Chapter XXXI; or
(b) any
other offence of a similar kind prescribed for the purposes of this
definition;
suspect means a person reasonably suspected of
having committed or being likely to have committed, or of committing or being
likely to commit, a relevant offence;
urgent application has the meaning given in
section 10(2)(b);
urgent authority has the meaning given in
section 15(1)(b);
urgent variation application has the meaning given
in section 19(3)(b);
urgent variation of authority has the meaning
given in section 21(1)(b).
[Section 5 amended: No. 35 of 2014 s. 39.]