Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 298

Protection of persons--control order declared to be void

             (1)  If:

                     (a)  a 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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