Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 299

Dealing with information obtained under a warrant--control order declared to be void

Scope

             (1)  This section applies 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; and

                     (c)  before the declaration was made, information was obtained 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)  communicate the information to another person; or

                     (b)  make use of the information; or

                     (c)  make a record of the information; or

                     (d)  give the information in evidence in a proceeding;

if:

                     (e)  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

                      (f)  the person does so for one or more purposes connected with a preventative detention order law.

Definition

             (3)  In this section:

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



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