Crimes Act. Australia

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СКАЧАТЬ is not a law enforcement officer.

      conduct has the same meaning as in the Criminal Code.

      controlled conduct means conduct constituting an offence for which a person would, but for section 15HA, be criminally responsible.

      controlled operation has the meaning given by subsection 15GD(1).

      corresponding State controlled operations law means:

      (a) a law of a State or Territory; or

      (b) a provision or provisions of a law of a State or Territory;

      prescribed by the regulations for the purposes of this definition.

      exercise a function includes perform a duty.

      formal application has the meaning given by paragraph 15GH(2)(a).

      formal authority has the meaning given by paragraph 15GJ(1)(a).

      formal variation application:

      (a) in relation to an application under subsection 15GP(1) — has the meaning given by paragraph 15GP(3)(a); and

      (b) in relation to an application under subsection 15GU(1) — has the meaning given by paragraph 15GU(3)(a).

      formal variation of authority:

      (a) in relation to a variation made by an appropriate authorising officer — has the meaning given by paragraph 15GR(1)(a); and

      (b) in relation to a variation made by a nominated Tribunal member — has the meaning given by paragraph 15GW(1)(a).

      function includes a power, authority or duty.

      law enforcement agency means any of the following:

      (a) the Australian Federal Police;

      (b) the police force of a State or Territory;

      (c) Customs;

      (d) the ACC;

      (e) the Australian Commission for Law Enforcement Integrity.

      law enforcement participant in a controlled operation means a participant in the controlled operation who is a law enforcement officer.

      major controlled operation has the meaning given by subsection 15GD(2).

      nominated Tribunal member means a person in respect of whom a nomination under subsection 15GG(1) is in force.

      participant in a controlled operation means a person who is authorised under this Part to engage in controlled conduct for the purposes of the controlled operation.

      person targeted, in relation to a controlled operation, means the person about whom, as a result of the controlled operation:

      (a) it is intended to obtain evidence; or

      (b) evidence is being, or has been, obtained.

      principal law enforcement officer, for a controlled operation authorised under this Part, means the Australian law enforcement officer specified in the authority to conduct the controlled operation as the officer who is responsible for the conduct of the controlled operation.

      serious Commonwealth offence has the meaning given by subsections 15GE(1) and (3).

      serious State offence that has a federal aspect has the meaning given by subsection 15GE(4).

      urgent application has the meaning given by paragraph 15GH(2)(b).

      urgent authority has the meaning given by paragraph 15GJ(1)(b).

      urgent variation application:

      (a) in relation to an application under subsection 15GP(1) — has the meaning given by paragraph 15GP(3)(b); and

      (b) in relation to an application under subsection 15GU(1) — has the meaning given by paragraph 15GU(3)(b).

      urgent variation of authority:

      (a) in relation to a variation made by an appropriate authorising officer — has the meaning given by paragraph 15GR(1)(b); and

      (b) in relation to a variation made by a nominated Tribunal member — has the meaning given by paragraph 15GW(1)(b).

      15GD Meaning of controlled operation and major controlled operation

      (1) A controlled operation is an operation that:

      (a) involves the participation of law enforcement officers; and

      (b) is carried out for the purpose of obtaining evidence that may lead to the prosecution of a person for a serious Commonwealth offence or a serious State offence that has a federal aspect; and

      (c) may involve a law enforcement officer or other person in conduct that would, apart from section 15HA, constitute a Commonwealth offence or an offence against a law of a State or Territory.

      Note: Section 15GN specifies when a controlled operation begins and ends.

      (2) A major controlled operation is a controlled operation that is likely to:

      (a) involve the infiltration of an organised criminal group by one or more undercover law enforcement officers for a period of more than 7 days; or

      (b) continue for more than 3 months; or

      (c) be directed against suspected criminal activity that includes a threat to human life.

      Note: Section 15GN specifies when a controlled operation begins and ends.

      15GE Meaning of serious Commonwealth offence and serious State offence that has a federal aspect

      Meaning of serious Commonwealth offence

      (1) For the purposes of this Part, serious Commonwealth offence means a Commonwealth offence that:

      (a) involves a matter mentioned in subsection (2); and

      (b) is punishable on conviction by imprisonment for a period of 3 years or more.

      (2) The matters are as follows:

      (a) theft;

      (b) fraud;

      (c) tax evasion;

      (d) currency violations;

      (e) controlled substances;

      (f) illegal gambling;

      (g) obtaining financial benefit by vice engaged in by others;

      (h) extortion;

      (i) СКАЧАТЬ