An application for leave to appeal and an appeal against conviction is a 'proceeding by way of a prosecution' within s 5B(1)(a) of the TIA Act, and therefore an 'exempt proceeding' in which interception warrant information may be adduced in evidence under s 74(3). The right to give IWI in evidence in an exempt proceeding necessarily includes the right to access, read and consider the information to make forensic decisions about its use. However, the fact that the TIA Act does not prohibit disclosure does not preclude a successful PII claim over the same material under s 130 of the Evidence Act 2008.
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