Crimes Act 1914

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

Division 10 - General  

SECTION 3ZZTB   Protection of persons - control order declared to be void  

(1)    
If:


(a) a monitoring 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.


 

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