Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.