Document ID: chunk:federal_register_of_legislation:C2007C00643:clause:1_144
Version: federal_register_of_legislation:C2007C00643
Segment Type: clause
Provision Reference: sch 1 cl 144
Character Range: 53195–54200

144  Giving information in evidence if communication unlawfully accessed

 (1) A person may give, in evidence in an exempt proceeding, information obtained by accessing stored communications obtained in contravention of subsection 108(1) if:
 (a) the access was purportedly under a stored communications warrant; and
 (b) the court in which, or the tribunal, body, authority or person before which, the proceeding is held is satisfied that:
 (i) but for an irregularity, the access would not have constituted a contravention of subsection 108(1); and
 (ii) the irregularity is not a substantial defect or irregularity; and
 (iii) in all the circumstances, the irregularity should be disregarded.

 (2) A reference in subsection (1) to an irregularity is a reference to a defect or irregularity:
 (a) in, or in connection with the issue of, a document purporting to be a warrant; or
 (b) in connection with the execution of a warrant, or the purported execution of a document purporting to be a warrant.