Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (98 of 2021)

Schedule 1   Data disruption

Surveillance Devices Act 2004

49   After subsection 65(1A)

Insert:

(1B) If:

(a) data is disrupted purportedly under:

(i) a data disruption warrant; or

(ii) an emergency authorisation for disruption of data held in a computer; and

(b) there is a defect or irregularity in relation to the warrant or emergency authorisation; and

(c) but for that defect or irregularity, the warrant or emergency authorisation would be a sufficient authority for disrupting the data;

disruption of the data is taken to be as valid as if the warrant or emergency authorisation did not have that defect or irregularity.


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