Document ID: chunk:federal_register_of_legislation:C2024C00841:section:35a
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 35A
Character Range: 341647–342363

35A  Relationship to other laws and matters
 (1) Subject to subsection (2) and section 35R, this Division 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) the person was a participant in a special intelligence operation authorised under this Division acting in the course of the special intelligence operation; and
 (b) the criminal activity was special intelligence conduct.