Minor defects in connection with warrant or other authority
65 Minor defects in connection with warrant or other authority
If:
information or a record is purportedly obtained through the use of a surveillance device authorised by a warrant, emergency authorisation or tracking device authorisation; and
there is a defect or irregularity in relation to the warrant, emergency authorisation or tracking device authorisation; and
but for that defect or irregularity, the warrant, emergency authorisation or tracking device authorisation would be a sufficient authority for the use of that surveillance device in obtaining that information or record;
then:
the use of that device is to be treated as being as valid; and
the information or record obtained through that use may be dealt with, or given in evidence in any proceeding;
as if the warrant, emergency authorisation or tracking device authorisation did not have that defect or irregularity.
If:
information or a record is purportedly obtained through accessing, under a computer access warrant, data disruption warrant, network activity warrant or emergency authorisation, particular data held in a computer; and
there is a defect or irregularity in relation to the warrant or emergency authorisation; and
but for that defect or irregularity, the warrant or emergency authorisation would be a sufficient authority for accessing the data;
then:
access to the data is taken to be as valid; and
the information or record obtained through accessing the data may be dealt with, or given in evidence in any proceeding;
as if the warrant or emergency authorisation did not have that defect or irregularity.
If:
data is disrupted purportedly under:
a data disruption warrant; or
an emergency authorisation for disruption of data held in a computer; and
there is a defect or irregularity in relation to the warrant or emergency authorisation; and
but for that defect or irregularity, the warrant or emergency authorisation would be a sufficient authority for disrupting the data;
disruption of the data is taken to be as valid as if the warrant or emergency authorisation did not have that defect or irregularity.
A reference in subsection (1), (1A) or (1B) to a defect or irregularity in relation to the warrant, emergency authorisation or tracking device authorisation is a reference to a defect or irregularity (other than a substantial defect or irregularity):
in, or in connection with the issue of, a document purporting to be that warrant, emergency authorisation or tracking device authorisation; or
in connection with the execution of that warrant, emergency authorisation or tracking device authorisation, or the purported execution of a document purporting to be that warrant, emergency authorisation or tracking device authorisation.
This Act’s bill:Explanatory memorandum
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