CRIMES ACT 1914

Part IAB - Controlled operations  

Division 1 - Preliminary  

SECTION 15GA   Relationship to other laws and matters  

(1)  
Subject to subsection (2) and section 15HZ , this Part is not intended to limit a discretion that a court has:


(a) to admit or exclude evidence in any proceedings; or


(b) to stay criminal proceedings in the interests of justice.

(2)  
In determining whether evidence should be admitted of excluded in any proceedings, the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if:


(a) both:


(i) the person was a participant in a controlled operation authorised under this Part acting in the course of the controlled operation; and

(ii) the criminal activity was controlled conduct; or


(b) both:


(i) the person was a participant in an operation authorised under a corresponding State controlled operations law acting in the course of that operation; and

(ii) the criminal activity was conduct constituting an offence for which a person would, but for section 15HH , be criminally responsible.



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