A subpoena seeking production of 'protected information' under the Surveillance Devices Act 2007 (NSW) lacks a legitimate forensic purpose and must be set aside where none of the exceptions in s 40 apply, because the party issuing the subpoena cannot lawfully use the information in or in relation to the proceedings. 'Use' within s 40(1) is to be construed broadly and includes the consideration of protected information for a particular purpose and the decision to apply it for that purpose, encompassing both the decision to tender and the act of tender. Section 43 permits a search of protected information in the Court's custody but does not override the s 40(1) prohibition on use.
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