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COMMONWEALTHAct
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s 35A

Relationship to other laws and matters

In force
Part IIIFunctions and powers of Organisation
Division 4Special intelligence operations

35A Relationship to other laws and matters

(1)

Subject to subsection (2) and section 35R, this Division 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.

(2)

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 in a special intelligence operation authorised under this Division acting in the course of the special intelligence operation; and

(b)

the criminal activity was special intelligence conduct.

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Section 35A — Relationship to other laws and matters — Australian Security Intelligence Organisation Act 1979 (Commonwealth) — Barrister AI