CRIMES ACT 1914

Part IAAB - Monitoring of compliance with control orders etc.  

Division 10 - General  

SECTION 3ZZTC   Dealing with things, information or documents obtained under a monitoring warrant - control order declared to be void  

Scope

(1)  
This section applies 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; and


(c) before the declaration was made, a thing was seized, information was obtained, or a document was produced, as a result of:


(i) the purported execution of the warrant; or

(ii) 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.
Dealing

(2)  
A person may:


(a) adduce the thing, information or document as evidence in a proceeding; or


(b) use or communicate the information; or


(c) use, or communicate the contents of, the document;

if:


(d) the person reasonably believes that doing so is necessary to assist in preventing, or reducing the risk of:


(i) the commission of a terrorist act; or

(ii) serious harm to a person; or

(iii) serious damage to property; or


(e) the person does so for one or more purposes set out in subsection (3). Purposes

(3)  
The purposes are purposes connected with:


(a) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Division 105 of the Criminal Code , so far as the function, duty or power relates to a preventative detention order (within the meaning of Part 5.3 of the Criminal Code ); or


(b) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2A of the Terrorism (Police Powers) Act 2002 (NSW), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or


(c) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or


(d) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (Qld), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or


(e) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2006 (WA), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or


(f) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (SA), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or


(g) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (Tas.), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or


(h) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or


(i) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2B of the Terrorism (Emergency Powers) Act (NT), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part). Definition

(4)  
In this section:

serious harm
has the same meaning as in the Criminal Code .




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