Controlled Operations Annual Report 2025–26

Introduction 

The Controlled Operations Annual Report 2025–26 is issued under Part IAB of the Crimes Act 1914 (Cth) (the Act) for the Australian Criminal Intelligence Commission (ACIC).

Controlled operations are investigations carried out within a legal framework that balances the need for operational flexibility with appropriate public accountability. Part IAB of the Act was designed to permit certain law enforcement agencies to undertake covert activity, which would, in the absence of legislation, constitute an offence against the law of the Commonwealth or that of a state or territory. 

Controlled operations are used by law enforcement agencies to investigate, disrupt and dismantle serious and organised crime. The broad spectrum of offences investigated range from corruption, money laundering and importation of illicit goods and substances to terrorism and cybercrime. 

On 1 July 2016, the Australian Crime Commission (ACC) became known as the ACIC. The ACIC conducts special ACIC investigations and operations, authorised by the ACIC Board, into federally relevant crime which may include serious and organised crime as defined in the Australian Crime Commission Act 2002 (Cth). The ACIC uses these powers to investigate offending such as large-scale drug trafficking and money laundering. The ACIC also works with partner law enforcement agencies to support joint operations and to generate compelling insights into criminal syndicates and their activities. 

The controlled operations in this report authorised by ‘authorising officers’, as defined in the Act, highlight the cooperation between national and international law enforcement agencies and their success in disrupting the activities of organised crime syndicates and illicit commodity flows. The seizure of illicit goods and proceeds of crime and the subsequent arrest of offenders demonstrate that Australia is committed to combating organised crime and will not be seen as an easy target for such activities.

Guide to controlled operations

This year’s report provides details of controlled operations in accordance with the reporting requirements of both the current and the previous legislation. Part A describes the requirements of the current legislation. Part B describes the requirements of the legislation in effect until 18 February 2010, with these requirements still applying to certain matters. 

Part A. Current legislative requirements 

Crimes Act 1914 (Cth) 

On 19 February 2010, the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (Cth) received royal assent. The Act provided amendments to Part IAB of the Crimes Act 1914 (Cth) (the Act) related to controlled operations. 

Controlled operations can be undertaken with respect to any serious Commonwealth offence or serious state offence that has a federal aspect. 

A controlled operation is defined by section 15GD of the Act as one that: 

1. involves the participation of law enforcement officers; and
2. 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
3. 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.

A serious Commonwealth offence, pursuant to section 15GE of the Act, means a Commonwealth offence that involves a matter specified by subsection 15GE(2), including theft, fraud, tax evasion, illegal gambling, extortion, bribery of a public official, people smuggling and slavery, and that is punishable on conviction by imprisonment for a period of 3 years or more. 

A major controlled operation is defined by subsection 15GD(2) of the Act as being a controlled operation that is likely to: 

1. 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
2. continue for more than 3 months; or
3. be directed against suspected criminal activity that includes a threat to human life.

Authorisation of controlled operations

Section 15GH governs applications for authorities to conduct controlled operations.

An Australian law enforcement officer may apply to an authorising officer for an authority to conduct a controlled operation. An ‘authorising officer’ for a controlled operation is pursuant to section 15GF of the Act.

Both formal and urgent applications must provide sufficient information to enable the authorising officer to decide whether or not to grant the application, state whether an earlier application has been made and state the proposed period of effect of the authority (pursuant to subsection 15GH(4)). The proposed period of effect of the authority must not exceed 3 months in the case of a formal application or 7 days in the case of an urgent application. Additionally, an authorising officer can require an applicant to produce additional information (per subsection 15GH(5)).

Determination of applications

Section 15GI governs the determination of applications, including what factors should be taken into consideration by the authorising officer. Pursuant to subsection 15GI(1), the authorising officer may either grant or refuse an application and, where they grant an application, the authorisation may be subject to conditions. Subsection 15GI(2) outlines criteria that the authorising officer must be satisfied are met in order to grant an authority, including that a serious offence has been, is being or is likely to be committed, or that an integrity testing authority is in effect in relation to an offence that it is suspected to have been, is currently being or likely to be committed by a staff member of a target agency; that the severity of the criminal activity is such as to justify the conduct of the proposed controlled operation; that the controlled operation will not be conducted in such a way that a person could be induced to commit an offence that they would not otherwise have committed; the risks posed by the proposed controlled operation; and the question of whether any civilian role in the controlled operation could be adequately performed by a law enforcement officer instead.

Controlled operation authorities

Section 15GK sets out requirements for the form a controlled operations authority must take, including that an authority must state the name of the applicant, certain information concerning the illicit goods, the identity of persons authorised to engage in the controlled conduct and the nature of the criminal activity being targeted.

The person responsible for an individual controlled operation is then the principal law enforcement officer specified in the authority (per section 15GC).

Period of effect

An urgent controlled operation authority can remain in force for a maximum of 7 days only.

A formal controlled operation authority must specify the period of effect of the authority, this being a period of less than 3 months (per subsection 15GK(1)(h)). The authority will then expire at the end of the period of its effect (pursuant to section 15GN), unless it has been extended under either subdivision B or subdivision C of the Division. If a formal controlled operation authority needs to be extended then a variation application needs to be made. The variation application to extend the period of effect of a formal controlled operation authority beyond 3 months must be presented to a nominated Administrative Review Tribunal who may extend the period of effect for up to 3 months at a time (pursuant to section 15GT). However, of note is that, per subsection 15GT(3), the total period of effect for a formal or major controlled operation authority cannot exceed 24 months.

Variations to the authority

Variation of a controlled operations authority can be made (pursuant to section 15GO) by an appropriate authorising officer. The appropriate authorising officer may, either at any time on their own initiative, or on application (under subsection 15GP(1)): 

1. extend the period of effect of the authority (subject to subsections (3) and (4) of section 15GO); or 
2. authorise additional persons to engage in controlled conduct for the purposes of the controlled operation and specify: 
   
   1. with respect to additional law enforcement participants – the nature of the controlled conduct that those participants may engage in; and
   2. with respect to additional civilian participants – the particular controlled conduct (if any) that each such participant may engage in; or 
3. provide that specified persons are no longer authorised to engage in controlled conduct for the purposes of the controlled operation; or
4. authorise participants in the controlled operation to engage in additional or alternative controlled conduct.

Cancellation of authority

An appropriate authorising officer may, by order in writing given to the principal law enforcement officer for a controlled operation, cancel the authority to conduct the controlled operation at any time and for any reason (pursuant to section 15GY).

Reporting requirements

Six-monthly reports to the Minister and Inspector-General Intelligence and Security

Section 15HM requires that, as soon as practicable after 30 June and 31 December each year, the chief officer of each authorising agency must submit a report to the Inspector‑General Intelligence and Security (IGIS). The report needs to set out the details required by subsection 15HM(2) in relation to controlled operations the authorising agency was responsible for during the previous 6 months. A copy of the 15HM report must be provided to the responsible Minister at the same time as it is provided to IGIS.

Chief officers’ annual report to the Minister and IGIS 

Section 15HN requires that, as soon as practicable after 30 June in each year, the chief officer of each authorising agency must submit a report to the Minister setting out the details required by subsections 15HM(2), (2A), (2B) and (2C) regarding the controlled operations that agency had authority over during the previous 12 months. A copy of a report given to the Minister under section 15HN must also be given to IGIS at the same time.

The report must not disclose any information that identifies any person involved in an operation or that is likely to lead to such a person being identified pursuant to section 15HN(4). The chief executive is not required to include particulars of any controlled operations that were not completed by 30 June 2026 in accordance with section 15HN(5).

Material to be excluded from report prior to Minister laying in Parliament

In accordance with subsections 15HN(2) and (3) of the Act, the chief officer must advise the Minister of any information in a report that, in the chief officer’s opinion, should be excluded from the report before it is laid in Parliament because:

1. the information, if made public, could reasonably be expected to:
   
   1. endanger a person’s safety; or
   2. prejudice an investigation or prosecution; or
   3. compromise any law enforcement agency’s operational activities or methodologies; or
2. making the information public would be contrary to the public interest for any other reason.

The Minister must exclude such information from a report if satisfied on the advice of the chief officer and cause a copy of the report to be laid before each house of the Parliament within 15 sitting days of that House after the Minister receives it.

Part B. Historical legislative requirements

On 8 July 1996, the Australian Parliament passed legislation to provide for the conduct of controlled operations by Australian law enforcement agencies. 

The following legislative references are to sections of the Act in force until 18 February 2010. 

Under the now repealed section 15T of the Act, the Minister was required to lay before each house of Parliament, not later than the first sitting day of the house after 1 October each year, a report on controlled operations. Details to be provided in the report include the date on which the application was made, the decision taken about the application, the reasons for that decision and information on reports given to the Minister under section 15R during that financial year.

Material to be excluded from report prior to Minister laying in Parliament

In accordance with the now repealed subsection 15T(3) of the Act, the controlled operations annual report to be laid before Parliament is not to include any information about any person (including the person’s name) that has not been previously published. Additionally, if the Minister believes that it is likely that the inclusion of any information in a report provided by the Chief Executive Officer of the ACIC may either endanger the safety of a person or prejudice an investigation or prosecution, the Minister must consequently exclude the information from the report under subsection 15T(4) of the Act. If information is excluded pursuant to subsection 15T(4) in the version of the report provided to parliament, the information is to be published in the first report after the Minister considers that the information will no longer endanger the safety of a person or prejudice the investigation or prosecution.

Acronyms

Additional matters

The illicit goods detailed in this report have not been destroyed unless the contrary is indicated.

Information withheld under the Crimes Act 1914 (Cth)

In accordance with subsections 15HN(2) and 15HN(4) and, in the case of operations prior to March 2010, the repealed subsections 15T(3) and 15T(4) of the Act, the following information has been excluded from this report prior to its tabling in Parliament. 

When it is no longer necessary to exclude this information, it is published in a subsequent annual report.

Excluded information

ACIC operations fully excluded

ACIC operations partly excluded – not to be reported

These authorities remain the subject of partial exclusions based on now repealed subsections 15T(93) and 15T(4) and are not reported on in this annual report.

ACIC operations partly excluded

Previously excluded information published in 2025–26

ACIC operations fully excluded – now reported in full

Nil

ACIC operations partly excluded – now reported in full

Nil 

ACIC operations fully excluded – now reported in part

Nil

Quantitative summary

Subsection 15HM(1) of the Act stipulates that as soon as practicable after 31 December and 30 June in each financial year the chief officer of each authorising agency must submit a report to IGIS setting out the details required by subsection 15HM(2). The following table sets out these details for 2025–26.

Some of the authorities issued during the 2025–26 reporting year were still ongoing at the end of the reporting period. These authorities will be included in the first annual report after they have expired.