Western Australian Consolidated Acts

SURVEILLANCE DEVICES ACT 1998 - SECT 10

10 .         Admissibility in criminal proceedings of information inadvertently obtained

        (1)         Where a private conversation or a private activity has inadvertently or unexpectedly come to the knowledge of a person as a direct or indirect result of the use of a listening device or an optical surveillance device in accordance with a warrant or an emergency authorisation issued under Part 4 —

            (a)         evidence of the conversation or activity; and

            (b)         evidence obtained as a consequence of the conversation or activity so coming to the knowledge of that person,

                may be given by that person in any criminal proceeding even if the warrant or emergency authorisation was not issued for the purpose of allowing that evidence to be obtained.

        (2)         Subsection (1) does not render any evidence admissible if the application upon which the warrant or emergency authorisation was issued was not, in the opinion of the court, made in good faith.