Victorian Numbered Acts

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CRIMES (CONTROLLED OPERATIONS) ACT 2004 (NO 16 OF 2004) - SECT 4

Relationship to other laws and matters

    (1)     This Act is not intended to affect any other law of this jurisdiction that authorises, controls or monitors the conduct of operations wholly within this jurisdiction for the purpose of obtaining evidence that may lead to the prosecution of a person for an offence and that involve, or may involve, conduct for which participants in the operation would otherwise be criminally responsible.

    (2)     Subject to sub-section (3), this Act 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.

    (3)     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 or corresponding participant acting in the course of an authorised operation or corresponding authorised operation; and

        (b)     the criminal activity was controlled conduct within the meaning of this Act or controlled conduct within the meaning of a corresponding law.



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