CRIMES ACT 1914

Part IAAB - Monitoring of compliance with control orders etc.  

Division 10 - General  

SECTION 3ZZTB   Protection of persons - control order declared to be void  

(1)  
If:


(a) a monitoring warrant was issued on the basis that an interim control order was in force; and


(b) a court subsequently declares the interim control order to be void;

a criminal proceeding does not lie against a person in respect of anything done, or omitted to be done, in good faith by the person:


(c) in the purported execution of the warrant; or


(d) in the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the warrant.

(2)  
Subsection (1) does not apply to a thing done, or omitted to be done, at a particular time if, at that time, the person knew, or ought reasonably to have known, of the declaration.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.