CRIMES ACT 1914 SECT 15X

In determining, for the purposes of a prosecution for an offence against section 233B of the Customs Act 1901 or an associated offence, whether evidence that narcotic goods were imported into Australia in contravention of the Customs Act 1901 should be admitted, the fact that a law enforcement officer committed an offence in importing the narcotic goods, or engaged in conduct contrary to Part 2.4 of the Criminal Code in relation to such an offence, is to be disregarded, if:

(a)

the law enforcement officer, when committing the offence, was acting in the course of duty for the purposes of a controlled operation; and

(b)

for the purposes of the operation:

(i)

the Australian Federal Police, by written request signed by one of its members and purported to be made in accordance with the Ministerial Agreement, asked a Regional Director for a State or Territory that the narcotic goods, while subject to the control of the Customs (within the meaning of the Customs Act 1901 ), be exempted from detailed scrutiny by officers of the Australian Customs Service; and

(ii)

the request for exemption was granted.