Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:10_65b:p1
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 10 cl 65B (pt 1/2)
Character Range: 157055–159809

65B  Dealing with information obtained under a control order warrant, tracking device authorisation etc.—control order declared to be void

Scope
 (1) This section applies if:
 (a) any of the following conditions is satisfied:
 (i) a control order warrant was issued on the basis that an interim control order was in force;
 (ii) a tracking device authorisation was given on the basis that an interim control order was in force;
 (iii) an optical surveillance device was used under subsection 37(4) on the basis that an interim control order was in force;
 (iv) a surveillance device was used under subsection 38(3A) or (6) on the basis that an interim control order was in force; and
 (b) a court subsequently declares the interim control order to be void; and
 (c) if subparagraph (a)(i) applies—before the declaration was made, information was obtained as a result of:
 (i) the purported execution of the warrant; or
 (ii) 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; and
 (d) if subparagraph (a)(ii) applies—before the declaration was made, information was obtained as a result of:
 (i) the purported execution of the authorisation; or
 (ii) 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; and
 (e) if subparagraph (a)(iii) applies—before the declaration was made, information was obtained as a result of:
 (i) the purported exercise of the power conferred by subsection 37(4); or
 (ii) 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); and
 (f) if subparagraph (a)(iv) applies—before the declaration was made, information was obtained as a result of:
 (i) the purported exercise of the power conferred by subsection 38(3A) or (6), as the case requires; or
 (ii) 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.

Dealing
 (2) A person may use, communicate or publish the information if:
 (a) the person reasonably believes that doing so is necessary to assist in preventing, or reducing the