Crimes Amendment (Controlled Operations) Act 1996
Act No. 28 of 1996 as amended
This compilation was prepared on 23 June 2003
[This Act was amended by Act No. 41 of 2003
for saving provision, see Schedule 3 (item 42)]
Amendment from Act No. 41 of 2003
[Schedule 3 (item 6) repealed and substituted heading to item 2 of Schedule 1
Schedule 3 (item 6) commenced on 8 July 1996]
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Crimes Act 1914
An Act to amend the Crimes Act 1914 to
exempt from criminal liability certain law enforcement officers who engage in unlawful conduct to obtain evidence of offences relating to narcotic goods, and for related purposes
[Assented to 8 July 1996]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Crimes Amendment (Controlled Operations) Act 1996.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Crimes Act 1914
1 Subsection 3(1)
Insert the following definitions:
Assistant Commissioner means a member of the Australian Federal Police holding the rank of Assistant Commissioner.
associated offence means:
(a) in relation to an offence against section 233B of the Customs Act 1901:
(i) an offence under section 236 or 237 of that Act that relates to the offence; or
(ii) an offence under section 7A or subsection 86(1) of this Act that relates to the offence; or
(b) in relation to an offence against section 10, 11, 12, 13 or 14 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990—an offence under section 5, 7 or 7A or subsection 86(1) of this Act that relates to the offence; or
(c) in relation to an offence against a law of a State or Territory—an offence:
(i) under a provision of a law of that State or Territory that corresponds to section 5, 7 or 7A or subsection 86(1) of this Act; and
(ii) that relates to the offence.
Australian law enforcement officer means a law enforcement officer other than a member of a police force, or other law enforcement agency, of a foreign country.
authorising officer, in relation to an application for a certificate authorising a controlled operation, means the person to whom the application is made under section 15J.
Commissioner means the Commissioner of the Australian Federal Police.
controlled operation has the meaning given by section 15H.
Deputy Commissioner means a Deputy Commissioner of the Australian Federal Police.
law enforcement officer means any of the following:
(a) a member, staff member or special member of the Australian Federal Police;
(b)
Overview
The Crimes Amendment (Controlled Operations) Act 1996, assented to on 8 July 1996, was enacted by the Parliament of Australia to address the gap in legal frameworks that previously left law enforcement officers potentially liable for criminal activities undertaken during controlled operations aimed at gathering evidence for prosecuting serious narcotic-related offences. The Act seeks to balance the need for stringent law enforcement with the practicalities of conducting operations that might otherwise be compromised by the legal liability of officers involved. It provides a legislative safeguard to exempt law enforcement officers from criminal liability for certain unlawful acts committed in the course of authorised controlled operations, provided these acts are directly related to the gathering of evidence for narcotic-related offences. This approach ensures that law enforcement can effectively carry out necessary operations without the deterrent of personal criminal liability, thereby enhancing the ability to combat serious drug-related crimes.
Scope and Application
The Crimes Amendment (Controlled Operations) Act 1996 amends the Crimes Act 1914 to create provisions specifically for controlled operations conducted by law enforcement officers in the context of obtaining evidence related to offences involving narcotic goods. This Act applies to law enforcement officers including members of the Australian Federal Police, State and Territory police forces, the National Crime Authority, Australian Customs Service officers, and officers from foreign law enforcement agencies participating under the direction of Australian officers. The Act does not apply to members of foreign police forces or agencies not acting under Australian direction. The Act exempts these officers from criminal liability for certain unlawful acts committed during authorised controlled operations, provided the conduct is directly related to obtaining evidence for prosecution of narcotic goods offences. This includes participation in the importation or exportation of narcotic goods or activities related to their possession. However, this exemption does not apply if the officer intentionally induces a targeted person to commit an offence without the intent to do so. Authorisation for these controlled operations requires a certificate from specific officers within the Australian Federal Police or the National Crime Authority, contingent on certain conditions being met, such as the likelihood of obtaining valuable evidence and the control of narcotic goods by Australian law enforcement. The Act also mandates reporting requirements to the Minister and Parliament, ensuring transparency and accountability of such operations. The Act's provisions extend to operations commenced before its enactment, providing legal certainty for past operations under specific conditions.
Key Provisions
- The Crimes Amendment (Controlled Operations) Act 1996, as its name suggests, is an amendment to the Crimes Act 1914 and serves to introduce certain exemptions and protocols concerning controlled operations undertaken by law enforcement officers. The Act establishes the legal framework for controlled operations aimed at obtaining evidence related to offences involving narcotic goods. These operations may involve law enforcement officers participating in activities that would otherwise constitute a criminal offence if done by an ordinary citizen. However, under specific conditions and with proper authorisation, these officers can be exempt from criminal liability for such actions when they are carried out for the purpose of gathering evidence to prosecute others for narcotic-related offences (Sections 15H-15I).
- The Act imposes several obligations on law enforcement officers and agencies. For instance, it mandates that any controlled operation must be authorised by a certificate issued by an authorising officer, who is typically a high-ranking official within the Australian Federal Police or the National Crime Authority. The application for such a certificate must be made in writing and must include detailed information about the operation, including the nature and quantity of the narcotic goods involved, and the identity of the person targeted by the operation (Sections 15K-15M). Moreover, the Act requires that certain notifications and reports be made to the Minister and, subsequently, to Parliament. This includes reporting on the decisions made regarding applications for controlled operations, the actions taken under these operations, and the outcomes of these operations (Sections 15R-15T).
- Failure to comply with the provisions of this Act can result in various legal consequences. While the Act itself does not explicitly state penalties for non-compliance, the underlying laws and the nature of the offences involved can lead to significant legal repercussions. For instance, law enforcement officers who engage in unlawful conduct without proper authorisation could face criminal charges for their actions, which could result in fines and imprisonment. Additionally, the misuse of a certificate or providing false information in an application could also lead to criminal charges. The seriousness of these potential penalties underscores the importance of adhering to the protocols established by the Act.
- Area of Law
- Criminal Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Enforcement Powers
- Reporting & Disclosure Obligations
- Commencement Provisions