Version No. 014
Crimes (Controlled Operations) Act 2004
No. 16 of 2004
Version incorporating amendments as at
10 February 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Relationship to other laws and matters
5Binding the Crown
Part 2—Authorisation of controlled operations
Division 1—Types of controlled operations
6What is a controlled operation?
7What is controlled conduct?
8What types of controlled operations may be authorised under this Act?
9What is a cross-border controlled operation?
10What is a local major controlled operation?
11What is a local minor controlled operation?
Division 2—Procedure for authorising controlled operations
12Applications for authorities to conduct controlled operations
13Determination of applications
14Matters to be taken into account—all controlled operations
15Further matters to be taken into account—cross‑border controlled operations
16Further matters to be taken into account—local major controlled operations
17Further matters to be taken into account—local minor controlled operations
18Form of authority
19Duration of authorities
Division 3—Variation and cancellation of authorities
20When can an authority be varied?
21Application for variation of authority
22Determination of application to vary authority
23Manner of varying authority
24Form of variation of authority
25Cancellation of authorities
Division 4—Effect of authorities
26Effect of authorities
27Defect in authority
Part 3—Conduct of controlled operations
Division 1—Controlled conduct engaged in for purposes of controlled operations authorised by Part 2
28Protection from criminal responsibility for controlled conduct during authorised operations
29Indemnification of participants against civil liability
30Effect of sections 28 and 29 on other laws relating to criminal investigation
31Effect of being unaware of variation or cancellation of authority
32Protection from criminal responsibility for certain ancillary conduct
Division 2—Compensation and notification of third parties
33Compensation for property loss or serious damage
34Notification requirements
Division 3—Mutual recognition
35Mutual recognition of corresponding authorities
Part 4—Compliance and monitoring
Division 1—Restrictions on use, communication and publication of information
36Unauthorised disclosure of information
Division 2—Reporting and record-keeping
37Principal law enforcement officers' reports
38Chief officers' reports
39Annual report by Integrity Oversight Victoria
40Keeping documents connected with authorised operations
41General register
Division 3—Inspections
42Inspection of records by Integrity Oversight Victoria
Part 5—General
Division 1—Delegation
43Introduction
44Delegations within Victoria Police
45Delegations within the IBAC
Division 2—General
46Evidence of authorities
47Regulations
48Savings provision
Part 8—Consequential and transitional
52Crimes Act 1958
58Transitional provision
59Transitional provision—Crimes Legislation Amendment Act 2010
60Transitional provisions—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 014
Crimes (Controlled Operations) Act 2004
No. 16 of 2004
Version incorporating amendments as at
10 February 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to provide for the authorisation, conduct and monitoring of controlled operations (including operations conducted in this and one or more other jurisdictions) for the purpose of obtaining evidence that may lead to the prosecution of persons for offences and that involve or may involve conduct for which participants in the operation would otherwise be criminally responsible; and
(b)to facilitate mutual recognition of things done in relation to cross-border controlled…