Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zztc:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZZTC (pt 1/2)
Character Range: 389271–391843

3ZZTC  Dealing with things, information or documents obtained under a monitoring warrant—control order declared to be void

Scope
 (1) This section applies if:
 (a) a monitoring 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; and
 (c) before the declaration was made, a thing was seized, information was obtained, or a document was produced, 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.

Dealing
 (2) A person may:
 (a) adduce the thing, information or document as evidence in a proceeding; or
 (b) use or communicate the information; or
 (c) use, or communicate the contents of, the document;
if:
 (d) the person reasonably believes that doing so is necessary to assist in preventing, or reducing the risk of:
 (i) the commission of a terrorist act; or
 (ii) serious harm to a person; or
 (iii) serious damage to property; or
 (e) the person does so for one or more purposes set out in subsection (3).

Purposes
 (3) The purposes are purposes connected with:
 (a) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Division 105 of the Criminal Code, so far as the function, duty or power relates to a preventative detention order (within the meaning of Part 5.3 of the Criminal Code); or
 (b) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2A of the Terrorism (Police Powers) Act 2002 (NSW), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or
 (c) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or
 (d) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (Qld), so far as the