New South Wales Consolidated Acts

LAW ENFORCEMENT (CONTROLLED OPERATIONS) ACT 1997

- As at 28 October 2019 
- Act 136 of 1997 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     Act not to affect certain matters
   4.      Amendment of Schedule 1

   PART 2 - AUTHORISATION OF CONTROLLED OPERATIONS
   Note

   5.      Applications for authorities
   6.      Determination of applications
   7.      Certain matters not to be authorised
   8.      Form of authority
   9.      Duration of authorities
   10.     Variation of authority
   11.     (Repealed)
   12.     Cancellation of authorities
   13.     Effect of authorities
   13A.    Defect in authority
   13B.    Functions of secondary law enforcement officer

   PART 3 - CONDUCT OF CONTROLLED OPERATIONS

   14.     Retrospective authority
   15.     Reports on controlled operations
   16.     Lawfulness of controlled activities
   17.     Lawfulness of activities with respect to assumed names
   18.     Lawfulness of certain ancillary activities
   19.     Exclusion of civil liability
   20.     Codes of conduct

   PART 3A - CROSS-BORDER CONTROLLED OPERATIONS

   20A.    Application of Act to cross-border controlled operations
   20B.    Definitions
   20C.    Applications for authorities to conduct cross-border controlled operations
   20D.    Determination of applications for authorities to conduct cross-border controlled operations--additional criteria to be met
   20E.    Form of authority to conduct cross-border controlled operation
   20F.    Duration of authorities for cross-border controlled operations
   20G.    Variation of authorities
   20H.    Effect of authorities to conduct cross-border controlled operations
   20I.    Documents relating to cross-border controlled operations
   20J.    Register relating to cross-border controlled operations
   20K.    Protection from criminal responsibility for controlled conduct during authorised operations
   20L.    Protection from criminal responsibility for certain ancillary conduct
   20M.    Indemnification of participants against civil liability
   20N.    Effect of sections 20K and 20L on other laws relating to criminal investigation
   20O.    Effect of being unaware of variation or cancellation of authority
   20P.    Compensation for property loss or serious damage
   20Q.    Notification requirements
   20R.    Unauthorised disclosure of information
   20S.    Mutual recognition of corresponding authorities

   PART 4 - MONITORING OF CONTROLLED OPERATIONS

   21.     Inspector to be notified of certain matters
   22.     Inspection of records of law enforcement agencies
   23.     Annual reports by Inspector
   24.     Ancillary matters concerning reports

   PART 5 - MISCELLANEOUS

   25.     Act binds Crown
   26.     DPP to be notified of evidence obtained in the course of an authorised operation
   27.     Evidentiary certificates
   28.     Identity of certain participants not to be disclosed in legal proceedings
   29.     Delegations
   30.     Proceedings for offences
   31.     Regulations
   32.     Review of Act
   33.     Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2