Western Australian Numbered Acts

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PROSTITUTION ACT 2000 (NO. 17 OF 2000) - SECT 35

35 .         Undercover officers

        (1)         The Commissioner may, in writing, authorize a police officer to act as an undercover officer and may in writing revoke that authority.

        (2)         Before authorizing a police officer to act as an undercover officer the Commissioner is to ensure that the police officer is a suitable person to have the functions of, and the immunity given to, an undercover officer.

        (3)         The identity or purpose of an undercover officer may, for the time being, be concealed or misrepresented for the purpose of detecting the commission of an offence.

        (4)         An undercover officer may do anything specified in the authorization given by the Commissioner for the purpose of detecting the commission of an offence.

        (5)         If an undercover officer does anything as described in subsection (4) —

            (a)         the undercover officer does not commit an offence and is not liable as a party to an offence committed by another person; and

            (b)         the undercover officer’s evidence in any proceedings against another person for an offence in connection with which the undercover officer did anything as described in subsection (4) is not the evidence of an accomplice.

        (6)         The Commissioner is required, whenever requested to do so by the Minister, to give the Minister a report in writing containing such particulars of the activities of undercover officers as the Minister requires.

        (7)         In this section —

        "Minister" means the Minister responsible for the administration of the Police Act 1892 ;

        "undercover officer" means a police officer acting as an undercover officer under this section.



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