Document ID: chunk:federal_register_of_legislation:C2004A04991:body:0:p7
Version: federal_register_of_legislation:C2004A04991
Segment Type: other
Provision Reference: 
Character Range: 15607–18361

the opinion of the court, represents the total gross income derived by the defendant as a result of the interception or communication, as the case requires.

Terms etc. of orders

"(8) Without limiting the orders that may be made by a court under this section, an order may:

(a) include such provisions as the court considers necessary for the purposes of the order; and

(b) be made either unconditionally or subject to such terms and conditions as the court determines.

Injunctive relief—variation etc.

"(9) A court may revoke or vary an order in the nature of an injunction made by the court under this section.

Punitive damages

"(10) A reference in paragraph (7)(b) to damages includes a reference to damages in the nature of punitive damages.

Minor irregularities in warrants etc.

"(11) Despite subsection (1) of this section, this section does not apply to an interception that contravenes subsection 7(1) only because of a defect or irregularity (other than a substantial defect or irregularity):

SCHEDULE 1—continued

(a) in, or in connection with the issue of, a document purporting to be a warrant; or

    (b) in connection with the execution of a warrant, or the purported execution of a document purporting to be a warrant.

Limitation periods etc.

Interception—civil court remedy

"107B.(1) An application under subsection 107A(3) for the grant of remedial relief in respect of an interception is to be made within 6 years after the end of the interception.

Communication—civil court remedy

"(2) An application under subsection 107A(4) for the grant of remedial relief in respect of a communication of information is to be made within 6 years after the communication.

Criminal court remedies

"(3) An application under subsection 107A(5) or (6) for the grant of remedial relief is not subject to any limitation period, but must be made as soon as practicable after the conviction concerned.

No limitation on other liability

No limitation

"107C.(1) This Part does not limit any liability (whether criminal or civil) that a person has under any other provision of this Act or under any other law.

Remedial relief even if defendant convicted of offence

"(2) An application under subsection 107A(3) or (4) may be made even if the defendant referred to in that subsection has been convicted of an offence under, or arising out of, this Act.

Concurrent operation of State and Territory laws

"107D. This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.

State or Territory courts—jurisdictional limits

"107E. This Part does not enable an inferior court of a State or Territory to grant remedial relief of a kind that the court is