CRIMES ACT 1914 SECT 15I

(1)

Subject to subsection (2), a law enforcement officer (other than a member of the police force of a State) who, in the course of duty, for the purposes of a controlled operation, engages in conduct that, apart from this subsection, would constitute a narcotic goods offence is not liable for that offence if, at the time when he or she engages in that conduct, there is in force a certificate given under section 15M that authorises the controlled operation.

(2)

Subsection (1) does not apply if:

(a)

the conduct of the officer involves intentionally inducing the person targeted by the operation to commit an offence against section 233B of the Customs Act 1901 or an associated offence; and

(b)

the person would not otherwise have had the intent to commit that offence or an offence of that kind.

(3)

Subject to subsection (5), a member of the police force of a State who, in the course of duty, for the purposes of a controlled operation, engages in conduct that, apart from this subsection, would constitute a narcotic goods offence is not liable for that offence if, at the time when he or she engages in that conduct, there is in force a certificate given under section 15M that authorises the controlled operation.

(4)

In addition to its effect apart from this subsection, subsection (3) also has the effect that it would have if the reference to a narcotic goods offence were a reference to a narcotic goods offence other than an offence against a law of a State.

(5)

Subsection (3) does not apply if:

(a)

the conduct of the member of the police force involves intentionally inducing the person targeted by the operation to commit an offence against section 233B of the Customs Act 1901 or an associated offence; and

(b)

the person would not otherwise have had the intent to commit that offence or an offence of that kind.

(6)

If, because of subsection (1) or (3), a person who has imported narcotic goods into Australia is not liable for an offence under paragraph 233B (1)(b) of the Customs Act 1901 , the narcotic goods are, nevertheless, for the purposes of section 233B of that Act, taken to be goods imported into Australia in contravention of that Act.

(7)

For the purposes of this section:

(a)

a member of a police force or other law enforcement agency of a foreign country is taken to be acting in the course of duty to the extent that he or she takes part in the controlled operation in accordance with the instructions given by the Australian law enforcement officer in charge of the operation; and

(b)

a reference to a member of the police force of a State does not include a reference to such a member while he or she is discharging duties as an officer of the Australian Federal Police.