Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:8_3zzod
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 8 cl 3ZZOD
Character Range: 61253–62466

3ZZOD  Monitoring warrant must not be executed if the relevant control order is revoked etc.
 (1) If:
 (a) a monitoring warrant was issued on the basis that a control order was in force in relation to a person; and
 (b) any of the following happens:
 (i) the control order is revoked;
 (ii) a court declares the control order to be void;
 (iii) a court varies the control order by removing one or more obligations, prohibitions or restrictions imposed on the person by the control order;
a constable must not:
 (c) execute the warrant; or
 (d) exercise a power under Division 2 or 3, if the exercise of the power is consequential on the warrant.

Evidence
 (2) A thing seized in breach of subsection (1) is not admissible in evidence in criminal proceedings other than proceedings covered by paragraph 3ZQU(1)(j).
 (3) Information obtained in breach of subsection (1) is not admissible in evidence in criminal proceedings other than proceedings covered by paragraph 3ZQU(1)(j).
 (4) A document obtained in breach of subsection (1) is not admissible in evidence in criminal proceedings other than proceedings covered by paragraph 3ZQU(1)(j).

Division 6—Monitoring warrants by telephone or other electronic means