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.

View history reference

(1)
If:

(a)

View history reference

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)

View history reference

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.

View history note

History

S 3ZZOD(1) amended by No 96 of 2023, s 3 and Sch 2 item 61, by omitting " obligations, prohibitions, restrictions or " after " one or more " from para (b)(iv), effective 25 November 2023. No 96 of 2023, s 3 and Sch 2 item 62 contains the following application provision:

62 Application - execution of monitoring warrants in relation to control orders
62
Despite the amendment of section 3ZZOD of the Crimes Act 1914 made by this Schedule, that section continues to apply, in relation to:
(a) an interim control order made before the commencement of this item; or
(b) a confirmed control order made before the commencement of this item; or
(c) a confirmed control order made on or after the commencement of this item if the interim control order that is confirmed by the confirmed control order was made before the commencement of this item;
as if that amendment had not been made.

S 3ZZOD(1) amended by No 131 of 2021, s 3 and Sch 1 items 185 and 186, by substituting " Part 5.3 supervisory order " for " control order " in para (a) and substituting para (b), effective 9 December 2021. Para (b) formerly read:

(b) any of the following happens:

(i) the control order is revoked;

(ii) a court declares the control order to be void;

(iii) a court varies the control order by removing one or more obligations, prohibitions or restrictions imposed on the person by the control order;

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

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.