TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 144 Giving information in evidence if communication unlawfully accessed

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 144

  (1)   A person may give, in evidence in an exempt proceeding, information obtained by accessing stored communications obtained in contravention of subsection   108(1) if:

  (a)   the access was purportedly under a stored communications warrant; and

  (b)   the court in which, or the tribunal, body, authority or person before which, the proceeding is held is satisfied that:

  (i)   but for an irregularity, the access would not have constituted a contravention of subsection   108(1); and

  (ii)   the irregularity is not a substantial defect or irregularity; and

  (iii)   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:

  (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.