Law Enforcement (Controlled Operations) Act 1997 (NSW)

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An Act with respect to the authorisation, conduct and monitoring of certain operations conducted by law enforcement agencies; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Law Enforcement (Controlled Operations) Act 1997.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Definitions(1)

In this Act—

authorised operation means a controlled operation for which an authority is in force and, in Parts 3 and 5, includes any operation in the nature of a controlled operation that is authorised by or under the provisions of a corresponding law.

authority means an authority in force under Part 2, and includes any variation of such an authority and any retrospective authority granted under section 14.

chief executive officer means the person for the time being holding office or acting as—

  • (a)

    in relation to the NSW Police Force, the Commissioner of Police, and

  • (b)

    in relation to the Independent Commission Against Corruption, the Chief Commissioner of that Commission, and

  • (c)

    in relation to the New South Wales Crime Commission, the Commissioner for that Commission, and

  • (d)

    in relation to the Law Enforcement Conduct Commission, the Chief Commissioner of that Commission, and

  • (e)

    in relation to a law enforcement agency prescribed by the regulations, the chief executive officer (however described) of that agency,

and, in relation to an authorised operation, means the chief executive officer of the law enforcement agency on whose behalf the operation has been, is being or is proposed to be conducted.

civilian participant in an authorised operation means a participant in the operation who is not a law enforcement officer.

code of conduct means a code of conduct referred to in section 20.

conduct, when used as a noun, includes any act or omission.

controlled activity means an activity that, but for section 16, would be unlawful.

controlled conduct means conduct in respect of which, but for section 20K or 20L, a person would be criminally liable.

controlled operation means an operation conducted for the purpose of—

  • (a)

    obtaining evidence of criminal activity or corrupt conduct, or

  • (b)

    arresting any person involved in criminal activity or corrupt conduct, or

  • (c)

    frustrating criminal activity or corrupt conduct, or

  • (d)

    carrying out an activity that is reasonably necessary to facilitate the achievement of any purpose referred to in paragraph (a), (b) or (c),

being an operation that involves, or may involve, a controlled activity.

corresponding authorised operation means any operation in the nature of a cross-border controlled operation that is authorised by or under the provisions of a corresponding law.

corresponding authority means an authority authorising a cross-border controlled operation (within the meaning of a corresponding law) that is in force under a corresponding law.

corresponding law means a law of the Commonwealth, or of another State or Territory, referred to in Schedule 1.

corresponding participant means a person who is authorised by a corresponding authority to participate in a corresponding authorised operation.

corrupt conduct has…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.