Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_117
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 117
Character Range: 290783–291649

117  After subsection 65A(2)
Insert:

Control order access warrant
 (2A) If:
 (a) a control order access warrant was issued on the basis that an interim control order was in force; and
 (b) a court subsequently declares the interim control order to be void;
a criminal proceeding does not lie against a person in respect of anything done, or omitted to be done, in good faith by the person:
 (c) in the purported execution of the warrant; or
 (d) 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.
 (2B) 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.