Crimes Act 1914

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

Division 10 - General  

SECTION 3ZZTC   Dealing with things, information or documents obtained under a monitoring warrant - control order declared to be void  

Scope

(1)    
This section applies 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; and

(c)    before the declaration was made, a thing was seized, information was obtained, or a document was produced, 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)    adduce the thing, information or document as evidence in a proceeding; or

(b)    use or communicate the information; or

(c)    use, or communicate the contents of, the document;

if:

(d)    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

(e)    the person does so for one or more purposes set out in subsection (3) .

Purposes

(3)    
The purposes are purposes connected with:

(a)    the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Division 105 of the Criminal Code , so far as the function, duty or power relates to a preventative detention order (within the meaning of Part 5.3 of the Criminal Code ); or

(b)    the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2A of the Terrorism (Police Powers) Act 2002 (NSW), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or

(c)    the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or

(d)    the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (Qld), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or

(e)    the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2006 (WA), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or

(f)    the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (SA), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or

(g)    the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (Tas.), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or

(h)    the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or

(i)    

the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part).

Definition

(4)    
In this section:

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