Document ID: chunk:federal_register_of_legislation:C2025C00037:section:65
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 65
Character Range: 398698–401539

65  Minor defects in connection with warrant or other authority
 (1) If:
 (a) information or a record is purportedly obtained through the use of a surveillance device authorised by a warrant, emergency authorisation or tracking device authorisation; and
 (b) there is a defect or irregularity in relation to the warrant, emergency authorisation or tracking device authorisation; and
 (c) but for that defect or irregularity, the warrant, emergency authorisation or tracking device authorisation would be a sufficient authority for the use of that surveillance device in obtaining that information or record;
then:
 (d) the use of that device is to be treated as being as valid; and
 (e) the information or record obtained through that use may be dealt with, or given in evidence in any proceeding;
as if the warrant, emergency authorisation or tracking device authorisation did not have that defect or irregularity.
 (1A) If:
 (a) information or a record is purportedly obtained through accessing, under a computer access warrant, data disruption warrant, network activity warrant or emergency authorisation, particular data held in a computer; and
 (b) there is a defect or irregularity in relation to the warrant or emergency authorisation; and
 (c) but for that defect or irregularity, the warrant or emergency authorisation would be a sufficient authority for accessing the data;
then:
 (d) access to the data is taken to be as valid; and
 (e) the information or record obtained through accessing the data may be dealt with, or given in evidence in any proceeding;
as if the warrant or emergency authorisation did not have that defect or irregularity.
 (1B) If:
 (a) data is disrupted purportedly under:
 (i) a data disruption warrant; or
 (ii) an emergency authorisation for disruption of data held in a computer; and
 (b) there is a defect or irregularity in relation to the warrant or emergency authorisation; and
 (c) but for that defect or irregularity, the warrant or emergency authorisation would be a sufficient authority for disrupting the data;
disruption of the data is taken to be as valid as if the warrant or emergency authorisation did not have that defect or irregularity.
 (2) A reference in subsection (1), (1A) or (1B) to a defect or irregularity in relation to the warrant, emergency authorisation or tracking device authorisation is a reference to a defect or irregularity (other than a substantial defect or irregularity):
 (a) in, or in connection with the issue of, a document purporting to be that warrant, emergency authorisation or tracking device authorisation; or
 (b) in connection with the execution of that warrant, emergency authorisation or tracking device authorisation, or the purported execution of a document purporting to be that warrant, emergency authorisation or tracking device authorisation.