164. (1) A failure to observe any provision of this Act or of any regulations made thereunder or a code of practice, on the part of any member of the Garda Síochána in the performance by him or her of any function under this Act, shall not of itself render that member liable to any criminal or civil proceedings or (without prejudice to the power of the court to exclude evidence at its discretion) shall not of itself affect the admissibility of any evidence thereby obtained.

(2) A failure on the part of any member of the Garda Síochána to observe any provision of this Act or of any regulations made thereunder or a code of practice shall render that member liable to disciplinary proceedings.