Crimes (Controlled Operations) Act 2008

This Act does not affect any territory law that authorises, controls or monitors the conduct of operations wholly within the ACT—

that are 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.

Territory law includes the common law (see Legislation Act, dict, pt 1, def territory law and law, of the Territory).

A function conferred in relation to the activities of the Australian Crime Commission under this Act is only conferred for the purpose of the function conferred on the Australian Crime Commission under the Australian Crime Commission (ACT) Act 2003 relating to suspected serious and organised crime as defined in that Act.

Subject to subsection (4), this Act does not limit a discretion a court has—

to admit or exclude evidence in a proceeding; or

to stay a criminal proceeding in the interests of justice.

However, in deciding whether evidence should be admitted or excluded in a proceeding, the fact that the evidence was obtained as a result of a person engaging in criminal activity or corrupt conduct is to be disregarded if—

the person was a participant or corresponding participant acting in the course of an authorised operation or corresponding authorised operation; and

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

The following Acts do not apply to investigations, operations, activities and records under this Act:

the Freedom of Information Act 2016;

the Territory Records Act 2002.