Confirmation information was obtained under a warrant
6 Confirmation information was obtained under a warrant
Information, or a record, obtained in reliance, or purported reliance, on a relevant warrant is taken for all purposes to have been, and to always have been, obtained under:
in the case of a relevant warrant referred to in subparagraph (a)(i) or (ii) of the definition of relevant warrant in section 4—a surveillance device warrant issued under Division 2 of Part 2 of the Surveillance Devices Act 2004; or
in the case of a relevant warrant referred to in any other subparagraph of paragraph (a) of the definition of relevant warrant in section 4—a computer access warrant issued under section 27C of the Surveillance Devices Act 2004; or
in the case of a relevant warrant referred to in paragraph (b) of the definition of relevant warrant in section 4—a search warrant issued under Part IAA of the Crimes Act 1914.
To avoid doubt, anything done, or anything purported to have been done, by a person that would have been wholly, or partly, invalid or unlawful except for subsection (1) is taken for all purposes to be valid and lawful and to have always been valid and lawful, despite any effect that may have on the accrued rights of any person.
Without limiting subsection (1) or (2), evidence that, except for subsection (1), would have been wholly, or partly, obtained:
in contravention of an Australian law or in consequence of a contravention of an Australian law; or
improperly or in consequence of an impropriety;
is taken for all purposes not to have been, and always not to have been, obtained:
in contravention of an Australian law or in consequence of a contravention of an Australian law; or
improperly or in consequence of an impropriety.
This Act’s bill:Explanatory memorandumSecond reading speech
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