7Relationship to other laws and matters

7 Relationship to other laws and matters

(1)  This Act is not intended to affect any law of this jurisdiction that authorises, controls or monitors the conduct of operations wholly within this jurisdiction –

(a) that are for the purpose of obtaining evidence that may lead to the prosecution of a person for an offence; and

(b) that involve, or may involve, conduct for which participants in the operation would otherwise be criminally responsible.

(2)  This Act is not intended to affect the investigation of minor matters or investigative activities in Tasmania that, by their nature, may involve the participation of law enforcement officers in activities that may be unlawful.

(3)  Subject to subsections (1) and (2) , a controlled operation may be approved only under this Act.

(4)  The Commissioner of Police may issue guidelines to police officers relating to the conduct of investigations or activities referred to in subsection (2) .

(5)  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 (Tasmania) Act 2004 relating to suspected serious and organised crime as defined under that Act.

(6)  Subject to subsection (7) , this Act 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.

(7)  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 or corresponding participant acting in the course of an authorised operation or corresponding authorised operation; and

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