Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:10_65a:p2
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 10 cl 65A (pt 2/2)
Character Range: 155788–157053

performance of the function or duty, is consequential on the purported exercise of the power conferred by subsection 37(4).
 (6) Subsection (5) 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.
 (7) If:
 (a) 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;
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 exercise of the power conferred by subsection 38(3A) or (6), as the case requires; 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 purported exercise of the power conferred by subsection 38(3A) or (6), as the case requires.
 (8) Subsection (7) 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.