Commonwealth Consolidated Acts

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Giving information in evidence if communication unlawfully accessed

             (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.

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