Document ID: chunk:federal_register_of_legislation:C2024A00130:section:5
Version: federal_register_of_legislation:C2024A00130
Segment Type: section
Provision Reference: s 5
Character Range: 4790–6109

5  Confirmation information was not obtained by interception
 (1) Information, or a record obtained under, or purportedly under, a relevant warrant, is taken for all purposes:
 (a) not to have been, and always not to have been, intercepted while passing over a telecommunications system; and
 (b) not to have been, and always not to have been, information or a record obtained by intercepting a communication passing over a telecommunications system.
 (2) 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.
 (3) Without limiting subsection (1) or (2), evidence that, except for subsection (1), would have been wholly, or partly, obtained:
 (a) in contravention of an Australian law or in consequence of a contravention of an Australian law; or
 (b) improperly or in consequence of an impropriety;
is taken for all purposes not to have been, and always not to have been, obtained:
 (c) in contravention of an Australian law or in consequence of a contravention of an Australian law; or
 (d) improperly or in consequence of an impropriety.