Victorian Numbered Acts

CRIMES (CONTROLLED OPERATIONS) ACT 2004 (NO 16 OF 2004) - NOTES

Act No. 16/2004

Victoria

No. 16 of 2004

Crimes (Controlled Operations) Act 2004^[†]

[Assented to 18 May 2004]

^[†]     Minister's second reading speech—

    Legislative Assembly: 1 April 2004

    Legislative Council: 11 May 2004

    The long title for the Bill for this Act was "to provide for the lawful conduct of controlled operations for law enforcement purposes, including operations conducted in Victoria and interstate, to provide for mutual recognition of controlled operations authorised in other jurisdictions, to amend the Fisheries Act 1995, the Wildlife Act 1975 and other Acts and for other purposes."

INDEX

Subject	Section
Act
amendments to other Acts	48–57
commencement	2
Crown bound by	5
purposes	1
relationship to other laws and matters	4
transitional provision	58
Annual reports	39
Australian Crime Commission
See Chief officers; Law enforcement agencies
Authorised operations (def.)	3
Chief officers
definition	3
delegation by	43–45
powers and duties regarding
authorities – controlled operations	12–25
general register	41
notification of property loss, damage, injuries	34
records	40, 42
reports regarding authorised operations	38–39
retention of documents	40
Civil liability	29–31
Civilian participants (def.)	3
Compensation
for property loss, serious damage	33
Controlled conduct See Controlled operations
Controlled operations
controlled conduct
ancillary conduct	32
definition	7
indemnification against civil liability	29–31
protection from criminal responsibility	28, 30–32
cross-border controlled operations (def.)	9
definition	6
evidence	4
local major controlled operations (def.)	10
local minor controlled operations (def.)	11
property damage, personal injuries in course of	33–34
protection of participants in	28–32
reports	37–39
types of	8
Controlled operations - Authorities
applications – formal, urgent	12
cancellation	25, 31
defects	27
definition of authority	3
determination of applications	13
Subject	Section
duration	18, 19
effect of	26
evidence	46
extension	20, 21
form – formal, urgent	18
matters to be taken into account	14–17
reports and records	38, 40–42
variation
applications – formal, urgent	21
determinations	22
effect of being unaware	31
grounds for, time for making	20
manner and form	23–24
Corresponding authorised operations	3, 35
Corresponding authorities	3, 35
Corresponding laws	3, 46
Corresponding participants (def.)	3
Criminal responsibility
protection from	28, 30–32
Cross-border controlled operations See Controlled operations
Definitions	3, 6, 7, 9–12, 18, 21, 23, 32, 45
Evidence	4, 46
Fisheries Act 1995
amendments to	48–49
General register	41
Illicit goods (def.)	3
Injuries See Personal injuries
Law enforcement agencies
definition	3
indemnification of participants in authorised operations	29
Ombudsman's report of operations	39
See also Chief officers
Law enforcement officers	3, 12, 21, 23
See also Principal law enforcement officers
Law enforcement participants (def.)	3
Local major controlled operations See Controlled operations
Local minor controlled operations See Controlled operations
Mutual recognition	35
Offences
disclosure of information	36
relevant offence (def.)	3
Ombudsman	38, 39, 42
definition of relevant Ombudsman	3
Personal injuries	34, 37–38, 41
Police See Law enforcement officers
Subject	Section
Principal law enforcement officers
definition	3
powers and duties regarding
notification of personal injury, property loss	34
reports of authorised operations	37
requests for cancellation of authorities	25
variation of authorities	21
Property
compensation for loss, serious damage	33
details in reports, general register	37–38, 41
notification of loss, serious damage	34
Records
general register	41
inspection of	42
retention of documents	40
Register See General register
Regulations	47
Reports	37–39
Transitional provision	58
Victoria Police
See Chief officers; Law enforcement agencies
Wildlife Act 1975
amendments to	50–51