Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15ga
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15GA
Character Range: 81733–82740

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.