Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (3 of 2010)

Schedule 3   Amendments relating to controlled operations, assumed identities and witness identity protection

Part 2   Provisions relating to pre-commencement authorisations under State controlled operations law

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.