Australian Capital Territory Current Acts

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WORKPLACE PRIVACY ACT 2011 - SECT 40

Information inadvertently obtained under covert surveillance authority

    (1)     This section applies to information that inadvertently or unexpectedly comes to the knowledge of a person as a direct or indirect result of conducting covert surveillance under a covert surveillance authority.

    (2)     For any determination by a court as to the admissibility of evidence in a criminal proceeding before the court, the information is not considered to have been obtained in contravention of section 35.

    (3)     Subsection (1) does not apply if the court is of the opinion that the application for the covert surveillance authority was not made in good faith.



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