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CRIMES ACT 1914 - SECT 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 (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" .



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