New South Wales Consolidated Acts

WORKPLACE SURVEILLANCE ACT 2005 - SECT 38

38 Information obtained inadvertently pursuant to authority

(1) Information that has inadvertently or unexpectedly come to the knowledge of a person as a direct or indirect result of the carrying out of covert surveillance authorised by a covert surveillance authority is, for the purposes of any determination by a court as to admissibility of evidence in criminal proceedings before the court, not considered to have been obtained in contravention of section 19 (Covert surveillance prohibited without covert surveillance authority).

(2) Subsection (1) does not apply if the court is of the opinion that the application on the basis of which the covert surveillance authority was granted was not made in good faith.