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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