Surveillance Devices Act 2004

If:

a surveillance device warrant was issued on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported execution of the warrant; or

in 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.

Subsection (1) does not apply to a thing done, or omitted to be done, at a particular time if, at that time, the person knew, or ought reasonably to have known, of the declaration.

If:

a computer access warrant was issued on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported execution of the warrant; or

in 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.

Subsection (2A) does not apply to a thing done, or omitted to be done, at a particular time if, at that time, the person knew, or ought reasonably to have known, of the declaration.

If:

a tracking device authorisation was given on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported execution of the authorisation; or

in 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 authorisation.

Subsection (3) does not apply to a thing done, or omitted to be done, at a particular time if, at that time, the person knew, or ought reasonably to have known, of the declaration.

If:

an optical surveillance device was used under subsection 37(4) on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported exercise of the power conferred by subsection 37(4); or

in 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 purported exercise of the power conferred by subsection 37(4).

Subsection (5) does not apply to a thing done, or omitted to be done, at a particular time if, at that time, the person knew, or ought reasonably to have known, of the declaration.

If:

a surveillance device was used under subsection 38(3A) or (6) on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported exercise of the power conferred by subsection 38(3A) or (6), as the case requires; or

in 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 purported exercise of the power conferred by subsection 38(3A) or (6), as the case requires.

Subsection (7) does not apply to a thing done, or omitted to be done, at a particular time if, at that time, the person knew, or ought reasonably to have known, of the declaration.