Section 13(1) of the Listening Devices Act 1984 (NSW) does not render inadmissible evidence given by a principal party to a private conversation recorded under an invalid warrant; the admissibility of such evidence falls to be determined under s 138 of the Evidence Act 1995 (NSW), with the onus on the prosecution. Listening device warrants that authorise but do not require retrieval of devices are invalid under s 16(3).
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