Section 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) is not inconsistent with s 233B of the Customs Act 1901 (Cth) as the provisions are directed to different offences. Evidence obtained under subsequently invalidated controlled operations authorities may be admitted under s 138 of the Evidence Act 1995 where law enforcement officers genuinely believed they were acting under valid authority, even where the controlled operation involved serious contraventions of Commonwealth law. Under s 128(4) of the Evidence Act, the standard for compelling a witness to answer over a self-incrimination objection is that the interests of justice 'require' the evidence — a relatively high standard consistent with the significant abrogation of the common law right. The presumption that foreign law is the same as domestic law may be applied in the context of s 128 where the relevant conduct involves the import and export of narcotic substances and both countries are signatories to the relevant UN Convention.
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