Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 75

Giving information in evidence where defect in connection with warrant

  (1)   Where a communication has been intercepted in contravention of subsection   7(1) but purportedly under a warrant (other than a general computer access warrant, a data disruption warrant, a network activity warrant or a warrant under section   11A, 11B or 11C), a person may give information obtained by the interception in evidence in an exempt proceeding, being a proceeding in a court or before a tribunal, body, authority or person, if the court, tribunal, body, authority or person, as the case may be, is satisfied that:

  (a)   but for an irregularity, the interception would not have constituted a contravention of subsection   7(1); and

  (b)   in all the circumstances, the irregularity should be disregarded.

  (2)   A reference in subsection   (1) to an irregularity is a reference to a defect or irregularity (other than a substantial defect or irregularity):

  (a)   in, or in connection with the issue of, a document purporting to be a warrant; or

  (b)   in connection with the execution of a warrant, or the purported execution of a document purporting to be a warrant.


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