Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 65

  (1)   If:

  (a)   information or a record is purportedly obtained through the use of a surveillance device authorised by a warrant, emergency authorisation or tracking device authorisation; and

  (b)   there is a defect or irregularity in relation to the warrant, emergency authorisation or tracking device authorisation; and

  (c)   but for that defect or irregularity, the warrant, emergency authorisation or tracking device authorisation would be a sufficient authority for the use of that surveillance device in obtaining that information or record;

then:

  (d)   the use of that device is to be treated as being as valid; and

  (e)   the information or record obtained through that use may be dealt with, or given in evidence in any proceeding;

as if the warrant, emergency authorisation or tracking device authorisation did not have that defect or irregularity.

  (1A)   If:

  (a)   information or a record is purportedly obtained through accessing, under a computer access warrant, data disruption warrant, network activity warrant or emergency authorisation, particular data held in a computer; and

  (b)   there is a defect or irregularity in relation to the warrant or emergency authorisation; and

  (c)   but for that defect or irregularity, the warrant or emergency authorisation would be a sufficient authority for accessing the data;

then:

  (d)   access to the data is taken to be as valid; and

  (e)   the information or record obtained through accessing the data may be dealt with, or given in evidence in any proceeding;

as if the warrant or emergency authorisation did not have that defect or irregularity.

  (1B)   If:

  (a)   data is disrupted purportedly under:

  (i)   a data disruption warrant; or

  (ii)   an emergency authorisation for disruption of data held in a computer; and

  (b)   there is a defect or irregularity in relation to the warrant or emergency authorisation; and

  (c)   but for that defect or irregularity, the warrant or emergency authorisation would be a sufficient authority for disrupting the data;

disruption of the data is taken to be as valid as if the warrant or emergency authorisation did not have that defect or irregularity.

  (2)   A reference in subsection   (1), (1A) or (1B) to a defect or irregularity in relation to the warrant, emergency authorisation or tracking device authorisation 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 that warrant, emergency authorisation or tracking device authorisation; or

  (b)   in connection with the execution of that warrant, emergency authorisation or tracking device authorisation, or the purported execution of a document purporting to be that warrant, emergency authorisation or tracking device authorisation.