Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 9   Telecommunications interception

Part 1   Amendments

Telecommunications (Interception and Access) Act 1979

58   Before section 300

Insert:

298 Protection of persons - control order declared to be void

(1) If:

(a) a 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.

299 Dealing with information obtained under a warrant - control order declared to be void

Scope

(1) This section applies if:

(a) a 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, information was obtained 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) communicate the information to another person; or

(b) make use of the information; or

(c) make a record of the information; or

(d) give the information in evidence in a proceeding;

if:

(e) 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

(f) the person does so for one or more purposes connected with a preventative detention order law.

Definition

(3) In this section:

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