Document ID: chunk:federal_register_of_legislation:C2025C00037:section:65b:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 65B (pt 1/2)
Character Range: 406014–408751

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

Scope
 (1) This section applies if:
 (a) any of the following conditions is satisfied:
 (i) a surveillance device warrant was issued on the basis that an interim control order was in force;
 (ia) a computer access 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