Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_11
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 11
Character Range: 252213–253594

11  Relationship to other laws and matters

(1) Subject to this item and item 15, 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, subject to subitem (5), to be disregarded if:
 (a) the person was a participant in an operation authorised before commencement under a State controlled operations law, acting in the course of that operation; and
 (b) the criminal activity was conduct constituting an offence for which a person would, but for item 12, be criminally responsible.

(3) This item applies to criminal activity engaged in before, on or after commencement.

(4) This item applies to the following:
 (a) proceedings that were instituted before commencement, but have not been completed as at commencement;
 (b) proceedings instituted on or after commencement;
 (c) subject to subitem (5)—appeals arising from proceedings instituted before, on or after commencement.

(5) Despite subitem (4), if a court has determined before commencement that particular evidence be excluded, this item does not provide a ground of appeal against that determination.