SURVEILLANCE DEVICES ACT 2004 - SECT 65A Protection of persons--control order declared to be void

SURVEILLANCE DEVICES ACT 2004 - SECT 65A

Surveillance device warrant issued for control order

  (1)   If:

  (a)   a surveillance device 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.

Computer access warrant issued for control order

  (2A)   If:

  (a)   a computer access 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.

  (2B)   Subsection   (2A) 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 that time, the person knew, or ought reasonably to have known, of the declaration.

  (7)   If:

  (a)   a surveillance device was used under subsection   38(3A) or (6) 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   38(3A) or (6), as the case requires; 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   38(3A) or (6), as the case requires.

  (8)   Subsection   (7) 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.