Crimes Act 1914

Part IAAB - Monitoring of compliance with Part 5.3 supervisory orders etc.  

Division 5 - Monitoring warrants  

SECTION 3ZZOD   Monitoring warrant must not be executed if the relevant Part 5.3 supervisory order is revoked etc.  

(1)    
If:

(a)    

a monitoring warrant was issued on the basis that a Part 5.3 supervisory order was in force in relation to a person; and

(b)    

any of the following happens:

(i) the Part 5.3 supervisory order is a control order that is revoked;

(ii) the Part 5.3 supervisory order is an extended supervision order or interim supervision order in relation to a terrorist offender that is revoked and no further extended supervision order or interim supervision order is made in relation to the terrorist offender;

(iii) the Part 5.3 supervisory order is an interim control order that a court declares to be void;

(iv) a court varies the Part 5.3 supervisory order by removing one or more conditions imposed on the person by the order;

a constable must not:

(c)    execute the warrant; or

(d)    exercise a power under Division 2 or 3 , if the exercise of the power is consequential on the warrant.



Evidence

(2)    
A thing seized in breach of subsection (1) is not admissible in evidence in criminal proceedings other than proceedings covered by paragraph 3ZQU(1)(j) .

(3)    
Information obtained in breach of subsection (1) is not admissible in evidence in criminal proceedings other than proceedings covered by paragraph 3ZQU(1)(j) .

(4)    
A document obtained in breach of subsection (1) is not admissible in evidence in criminal proceedings other than proceedings covered by paragraph 3ZQU(1)(j) .


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.