Crimes Act 1914
Part IAAB
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Monitoring of compliance with Part 5.3 supervisory orders etc.
Division 5
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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:
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) .
View history note
Hide history noteIf: (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) .
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