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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