Part 1 Preliminary
1 Name of regulation
This regulation is the Law Enforcement (Controlled Operations) Regulation 2025.
2 Commencement
This regulation commences on the day on which the regulation is published on the NSW legislation website.Note—This regulation repeals and replaces the Law Enforcement (Controlled Operations) Regulation 2017, which would otherwise be repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—the Act means the Law Enforcement (Controlled Operations) Act 1997.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Law enforcement agencies
For the Act, section 3(1), definition of law enforcement agency, paragraph (e), the following agencies are prescribed—(a) the Australian Federal Police,(b) the Commonwealth Department of Home Affairs, formerly known as the Commonwealth Department of Immigration and Border Protection.
Part 2 Authorisation and conduct of controlled operations
5 Urgent applications for authorities and variations of authorities
(1) For the Act, sections 5(2B)(a) and 10(1C)(a), an urgent application for an authority to conduct a controlled operation other than a cross-border controlled operation, or an urgent application for a variation of the authority, may be made only if the applicant reasonably believes that, because of the urgency of the circumstances, it is impracticable to make a formal application.(2) For the Act, sections 5(2B)(d) and 10(1C)(d), a law enforcement officer making an urgent application must keep a written record of the following—(a) the date and time the application is made,(b) the identity of the applicant,(c) the information given to the chief executive officer in support of the application.
6 Content of reports on controlled operations
For the Act, section 15(2), the report must include the following matters—(a) the date and time the operation began and its duration,(b) the nature of the controlled conduct engaged in during the operation,(c) details of the outcome of the operation,(d) if illicit goods were involved in the operation, both of the following, if known to the officer—(i) the nature and quantity of the goods,(ii) the route through which the goods passed during the operation,(e) details of any loss of, or serious damage to, property, or personal injuries, that occurred during, or as a direct result of, the operation.
7 Code of conduct
For the Act, section 20, the code of conduct set out in Schedule 1 is prescribed for all law enforcement agencies.
Part 3 Miscellaneous
8 Delegation of functions of chief executive officers
For the Act, section 29(2)(b), the following positions are prescribed—(a) for the Independent Commission Against Corruption—Commissioner, other than Chief Commissioner, or Assistant Commissioner within the meaning of the Independent Commission Against Corruption Act 1988,(b) for the New South Wales Crime Commission—Assistant Commissioner within the meaning of the Crime Commission Act 2012,(c) for the Law Enforcement Conduct Commission—Commissioner, other than Chief Commissioner, within the meaning of the Law Enforcement Conduct Commission Act 2016,(d) for the Australian Federal Police—the member of the Australian Federal Police responsible for the day-to-day operations of the Australian Federal Police in New South Wales,(e) for the Commonwealth Department of Home Affairs—both of the following, within the meaning of the Australian Border Force Act 2015 of the Commonwealth—(i) the Australian Border Force Commissioner,(ii) an Immigration and Border Protection worker in the Operations Group or Support Group of the Australian Border Force with the classification of Senior Executive Service Band 3.
9 Repeal and savings
(1) The Law Enforcement (Controlled Operations) Regulation 2017 is repealed.(2) An act, matter or thing that, immediately before the repeal of the Law Enforcement (Controlled Operations) Regulation 2017, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Code of conduct
section 7
1 Applicants for authorities must act in good faith
(1) A law enforcement officer making an application for an authority, or a variation of an authority, must act in good faith.(2) The applicant must ensure the application—(a) discloses all information relating to the circumstances of the application known to the applicant, and(b) does not contain information that is false or misleading in a material particular.(3) If the applicant later becomes aware of information that could have affected the determination of the application if known to the chief executive officer, the applicant must give the chief executive officer the information as soon as practicable.
2 Principal law enforcement officers must disclose change in circumstances
If the principal law enforcement officer for an authorised operation becomes aware of circumstances that are likely to require a variation of the authority for the operation, the officer must ensure that—(a) information about the change in circumstances is given to the chief executive officer as soon as practicable, and(b) a formal application for a variation is made before it becomes impracticable to do so.
3 Participants must be properly briefed
Before conducting an authorised operation, the principal law enforcement officer for the operation must—(a) ensure each participant has a thorough understanding of the nature of the controlled activities the participant may engage in during the operation and the terms of the authority authorising the participant to engage in the activities, and(b) receive a written undertaking from each civilian participant not to engage in controlled activities other than those authorised by the authority, and(c) make a written record of each undertaking given by a civilian participant as referred to in paragraph (b).
4 Conduct of law enforcement participants
(1) During an authorised operation, a law enforcement participant must—(a) act in good faith, and(b) comply with lawful directions given to the participant by the primary law enforcement officer or, in the absence of the primary law enforcement officer, the secondary law enforcement officer, and(c) take all reasonable steps to ensure the other participants do not—(i) induce or encourage another person to engage in criminal activity or corrupt conduct of a kind the person could not reasonably be expected to engage in unless induced or encouraged by the participant, or(ii) engage in conduct that is likely to seriously endanger the health or safety of the participant or another person or result in loss of, or serious damage to, property, or(iii) engage in conduct that involves the commission of a sexual offence against a person, or(iv) engage in unlawful conduct other than a controlled activity.(2) A law enforcement participant who becomes aware of a breach of this code of conduct in relation to the authorised operation must give notice to the chief executive officer as soon as practicable.(3) Notice is taken to have been given if the participant reports the breach in accordance with the internal reporting procedures of the relevant law enforcement agency.
5 Reports must be made in good faith
(1) A law enforcement officer preparing a report on an authorised operation must act in good faith.(2) The officer must ensure the report—(a) discloses all information relating to the matters required to be included in the report that is known to the officer, and(b) does not contain information that is false or misleading in a material particular.(3) If the officer later becomes aware of information that should have been included in the report if known to the officer when the report was prepared, or that indicates information included in the report is false or misleading in a material particular, the officer must give the chief executive officer the information as soon as practicable.