Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:9_299
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 9 cl 299
Character Range: 122109–123436

299  Dealing with information obtained under a warrant—control order declared to be void

Scope
 (1) This section applies if:
 (a) a 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, 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.

Dealing
 (2) A person may:
 (a) communicate the information to another person; or
 (b) make use of the information; or
 (c) make a record of the information; or
 (d) give the information in evidence in a proceeding;
if:
 (e) 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
 (f) the person does so for one or more purposes connected with a preventative detention order law.

Definition
 (3) In this section:
serious harm has the same meaning as in the Criminal Code.

Part 2—Transitional provisions