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

Schedule 9   Telecommunications interception

Part 2   Transitional provisions

60   Validation of dealing with information - preventative detention orders

(1) If:

(a) before the commencement of this item, an officer or staff member of an agency communicated to another person, made use of, or made a record of, information; and

(b) apart from this item, the officer or staff member would have contravened section 63 of the Telecommunications (Interception and Access) Act 1979 by communicating, using or recording that information; and

(c) the officer or staff member would not have contravened that section if subparagraph (c)(vii) of the definition of permitted purpose in subsection 5(1) of that Act, as amended by this Schedule, had been in force;

the communicating, using or recording the information is taken to have been done in accordance with section 67 of that Act.

Note: A result of this subitem is that the officer or staff member is taken not to have contravened section 63 of that Act.

(2) If:

(a) before the commencement of this item, a person gave information in evidence in a proceeding; and

(b) apart from this item, the person would have contravened section 63 of the Telecommunications (Interception and Access) Act 1979 by giving the information in evidence; and

(c) section 74 of that Act (about exempt proceedings) would have permitted the person to give the information in evidence in the proceeding if paragraph 5B(1)(bc) of that Act, as amended by this Schedule, had been in force; and

(d) the relevant court, tribunal, person or body admitted the information in evidence in the proceeding;

section 74 of that Act is treated as having permitted the person to give the information in evidence in the proceeding.

Note: A result of this subitem is that the person is taken not to have contravened section 63 of that Act.