5Relationship to other laws and matters

5 Relationship to other laws and matters

(1)  This Act is not intended to affect any other law of this jurisdiction that prohibits or regulates the use of surveillance devices wholly within this jurisdiction.

(2)  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.

(3)  For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation given, in this jurisdiction under this Act for the installation, use, maintenance or retrieval of a surveillance device in this jurisdiction or a participating jurisdiction, or both.

(4)  A function conferred under this Act in relation to the activities of the Australian Crime Commission 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.

(5)  This Act does not stop a law enforcement officer from using an optical surveillance device in a place where the presence of a police officer is not an offence.

(6)  The following Acts do not apply to activities and records under this Act:

(a) the Archives Act 1983 ;

(b) [Section 5 Subsection (6) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010] the Right to Information Act 2009 ;

(c) the Personal Information Protection Act 2004 .