(1) Subject to subsection (2) and section 15HZ, this Part 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) both:
(i) the person was a participant in a controlled operation authorised under this Part acting in the course of the controlled operation; and
(ii) the criminal activity was controlled conduct; or
(b) both:
(i) the person was a participant in an operation authorised under a corresponding State controlled operations law acting in the course of that operation; and
(ii) the criminal activity was conduct constituting an offence for which a person would, but for section 15HH, be criminally responsible.
15GB Concurrent operation of State and Territory laws
It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Part.
15GC Definitions
In this Part:
ACC authorising officer has the meaning given by subsection 15GF(4).
ACLEI authorising officer has the meaning given by subsection 15GF(5).
AFP authorising officer has the meaning given by subsection 15GF(3).
appropriate authorising officer, for a controlled operation authorised under this Part, means the following:
(a) if the authority to conduct the controlled operation was granted by an AFP authorising officer — any AFP authorising officer;
(b) if the authority to conduct the controlled operation was granted by an ACC authorising officer — any ACC authorising officer;
(c) if the authority to conduct the controlled operation was granted by an ACLEI authorising officer — any ACLEI authorising officer.
authorising agency, for a controlled operation authorised under this Part, means the following:
(a) if the authority to conduct the controlled operation was granted by an AFP authorising officer — the Australian Federal Police;
(b) if the authority to conduct the controlled operation was granted by an ACC authorising officer — the ACC;
(c) if the authority to conduct the controlled operation was granted by an ACLEI authorising officer — the Australian Commission for Law Enforcement Integrity.
authorising officer has the meaning given by subsection 15GF(1).
authority means an authority (whether formal or urgent) to conduct a controlled operation granted under section 15GI, and includes any such authority as varied.
chief officer means the following:
(a) in relation to the Australian Federal Police — the Commissioner;
(b) in relation to the police force of a State or Territory — the Commissioner of Police in that police force or the person holding equivalent rank;
(c) in relation to Customs — the Chief Executive Officer of Customs;
(d) in relation to the ACC — the Chief Executive Officer of the ACC;
(e) in relation to the Australian Commission for Law Enforcement Integrity — the Integrity Commissioner.
civilian participant in a controlled operation means a participant in the controlled operation who is not a law enforcement officer.
conduct has the same meaning as in the Criminal Code.
controlled conduct means conduct constituting an offence for which a person would, but for section 15HA, be criminally responsible.
controlled operation has the meaning given by subsection 15GD(1).
corresponding State controlled operations law means:
(a) a law of a State or Territory; or
(b) a provision or provisions of a law of a State or Territory;
prescribed by the regulations for the purposes of this definition.
exercise a function includes perform a duty.
formal application has the meaning given by paragraph 15GH(2)(a).
formal authority has the meaning given by paragraph 15GJ(1)(a).
formal variation application:
(a) in relation to an application under subsection 15GP(1) — has the meaning given by paragraph 15GP(3)(a); and
(b) in relation to an application under subsection 15GU(1) — has the meaning given by paragraph 15GU(3)(a).
formal variation of authority:
(a) in relation to a variation made by an appropriate authorising officer — has the meaning given by paragraph 15GR(1)(a); and
(b) in relation to a variation made by a nominated Tribunal member — has the meaning given by paragraph 15GW(1)(a).
function includes a power, authority or duty.
law enforcement agency means any of the following:
(a) the Australian Federal Police;
(b) the police force of a State or Territory;
(c) Customs;
(d) the ACC;
(e) the Australian Commission for Law Enforcement Integrity.
law enforcement participant in a controlled operation means a participant in the controlled operation who is a law enforcement officer.
major controlled operation has the meaning given by subsection 15GD(2).
nominated Tribunal member means a person in respect of whom a nomination under subsection 15GG(1) is in force.
participant in a controlled operation means a person who is authorised under this Part to engage in controlled conduct for the purposes of the controlled operation.
person targeted, in relation to a controlled operation, means the person about whom, as a result of the controlled operation:
(a) it is intended to obtain evidence; or
(b) evidence is being, or has been, obtained.
principal law enforcement officer, for a controlled operation authorised under this Part, means the Australian law enforcement officer specified in the authority to conduct the controlled operation as the officer who is responsible for the conduct of the controlled operation.
serious Commonwealth offence has the meaning given by subsections 15GE(1) and (3).
serious State offence that has a federal aspect has the meaning given by subsection 15GE(4).
urgent application has the meaning given by paragraph 15GH(2)(b).
urgent authority has the meaning given by paragraph 15GJ(1)(b).
urgent variation application:
(a) in relation to an application under subsection 15GP(1) — has the meaning given by paragraph 15GP(3)(b); and
(b) in relation to an application under subsection 15GU(1) — has the meaning given by paragraph 15GU(3)(b).