Biodiversity Conservation Act 2016

This section applies if in the purported exercise of a power conferred by this Act or by an entry warrant issued or purportedly issued under this Act —

a thing relevant to an offence is seized or obtained; and

a requirement of this Act in relation to exercising the power or issuing the entry warrant, including a requirement that arises before or after the exercise of the power or the issue of the entry warrant, is contravened.

Any evidence derived from the thing seized or obtained or from the exercise of the power is not admissible in any criminal proceedings against a person in a court unless —

the person does not object to the admission of the evidence; or

the court decides otherwise under subsection (3).

The court may nevertheless decide to admit the evidence if it is satisfied that the desirability of admitting the evidence outweighs the undesirability of admitting the evidence.

In making a decision under subsection (3) the court must take into account each of the following —

any objection to the evidence being admitted by the person against whom the evidence may be given;

the seriousness of the offence in respect of which the evidence is relevant;

the seriousness of any contravention of this Act in obtaining the evidence;

whether any contravention of this Act in obtaining the evidence —

was intentional or reckless; or

arose from an honest and reasonable mistake of fact;

the probative value of the evidence;

any other matter the court thinks fit.

The probative value of the evidence does not by itself justify its admission.