PARLIAMENTARY COMMITTEE TO EXAMINE THE INVOLVEMENT OF
THE NATIONAL CRIME AUTHORITY IN CONTROLLED OPERATIONS
The Chair of the Parliamentary Joint Committee on the National Crime
Authority, Mr Peter Nugent MP, announced today that the Committee
had resolved to examine the NCA's involvement in controlled operations.
A controlled operation is essentially an operation where law enforcement
officers engage in conduct that would constitute a narcotic goods offence,
such as the import, export or possession of narcotic drugs, if it were
not for the fact that they were authorised to do so. The purpose of a
controlled operation is to obtain evidence that may lead to the prosecution
of a person for an offence against a Federal, State or Territory law involving
narcotic drugs.
Mr Nugent stated:
The use of controlled operations is an important element in the
NCA's armoury of law enforcement techniques, especially in combating
the involvement of organised crime in the illicit drugs trade.
However, such techniques are not without controversy. In some overseas
jurisdictions, such actions can be described as entrapment. In Australia,
however, the High Court stated categorically in the Ridgeway case* in
1995 that it is a central tenet of criminal law in common law jurisdictions
that where a person commits all the elements of an offence voluntarily
and with the necessary intent, then that person is guilty of the offence.
There is no substantive defence of entrapment.
While the Commonwealth legislated in 1996 to overcome the specific
ruling of the High Court in the Ridgeway case**, the NCA's parliamentary
watchdog committee is interested in examining whether there are continuing
concerns about the NCA's involvement in controlled operations.
The PJC hopes that its inquiry will be able to clarify the appropriateness
of the NCA's involvement in controlled operations and to determine whether
there are any remedial measures needed to address continuing defects
in the legislative regime in which they operate.
Notes:
* Ridgeway v The Queen (1995) 69ALJR 484
** Crimes Amendment (Controlled Operations) Act 1996
The terms of reference for the inquiry are as follows:
- the extent and manner in which the NCA engages in controlled operations;
- the appropriateness of the approvals process for the NCA's involvement
in controlled operations;
- the civil liberties implications; and
- the adequacy of relevant national and state legislation in relation
to the conduct of controlled operations by the NCA.
The Committee will be seeking input into its inquiry from interested
organisations and individuals. Submissions will be invited by advert in
the national press, with a closing date of 30 April 1999.
For further comment:
Mr Peter Nugent MP, Chair, 02 62772088 (Canberra); 03 9887 3890 (electorate
office)
Mr Michael McLean, Secretary, 02 6277 3565
31 March 1999
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