Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 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 or 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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