Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zzod
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZZOD
Character Range: 379449–381014

3ZZOD  Monitoring warrant must not be executed if the relevant Part 5.3 supervisory order is revoked etc.
 (1) If:
 (a) a monitoring warrant was issued on the basis that a Part 5.3 supervisory order was in force in relation to a person; and
 (b) any of the following happens:
 (i) the Part 5.3 supervisory order is a control order that is revoked;
 (ii) the Part 5.3 supervisory order is an extended supervision order or interim supervision order in relation to a terrorist offender that is revoked and no further extended supervision order or interim supervision order is made in relation to the terrorist offender;
 (iii) the Part 5.3 supervisory order is an interim control order that a court declares to be void;
 (iv) a court varies the Part 5.3 supervisory order by removing one or more conditions imposed on the person by the 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