Document ID: chunk:federal_register_of_legislation:C2024C00749:section:75
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 75
Character Range: 395031–396175

75  Giving information in evidence where defect in connection with warrant
 (1) Where a communication has been intercepted in contravention of subsection 7(1) but purportedly under a warrant (other than a general computer access warrant, a data disruption warrant, a network activity warrant or a warrant under section 11A, 11B or 11C), a person may give information obtained by the interception in evidence in an exempt proceeding, being a proceeding in a court or before a tribunal, body, authority or person, if the court, tribunal, body, authority or person, as the case may be, is satisfied that:
 (a) but for an irregularity, the interception would not have constituted a contravention of subsection 7(1); and
 (b) 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 (other than a substantial 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.