Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:10_65a:p1
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 10 cl 65A (pt 1/2)
Character Range: 153460–156014

65A  Protection of persons—control order declared to be void

Control order warrant
 (1) If:
 (a) a control order 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;
a criminal proceeding does not lie against a person in respect of anything done, or omitted to be done, in good faith by the person:
 (c) in the purported execution of the warrant; or
 (d) in 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.
 (2) Subsection (1) does not apply to a thing done, or omitted to be done, at a particular time if, at that time, the person knew, or ought reasonably to have known, of the declaration.

Tracking device authorisation
 (3) If:
 (a) a tracking device authorisation was given on the basis that an interim control order was in force; and
 (b) a court subsequently declares the interim control order to be void;
a criminal proceeding does not lie against a person in respect of anything done, or omitted to be done, in good faith by the person:
 (c) in the purported execution of the authorisation; or
 (d) in 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 authorisation.
 (4) Subsection (3) does not apply to a thing done, or omitted to be done, at a particular time if, at that time, the person knew, or ought reasonably to have known, of the declaration.

Use of device without warrant
 (5) If:
 (a) an optical surveillance device was used under subsection 37(4) on the basis that an interim control order was in force; and
 (b) a court subsequently declares the interim control order to be void;
a criminal proceeding does not lie against a person in respect of anything done, or omitted to be done, in good faith by the person:
 (c) in the purported exercise of the power conferred by subsection 37(4); or
 (d) in 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 purported exercise of the power conferred by subsection 37(4).
 (6) Subsection (5) does not apply to a thing done, or omitted to be done, at a particular time if, at