Law enforcement compliance testing programs that merely provide an opportunity for the commission of a regulatory offence, without pressure, persuasion, manipulation or intrusion on individual rights, do not constitute 'impropriety' for the purposes of s 138(1) of the Evidence Act 1995 (NSW). The absence of prior suspicion about a particular retailer does not render such testing improper. The onus of establishing impropriety lies on the party resisting admission of the evidence.
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