Commonwealth Consolidated Acts

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Giving information in evidence where defect in connection with warrant

             (1)  Where a communication has been intercepted in contravention of subsection 7(1) but purportedly under a warrant (other than a general computer access warrant, a data disruption warrant, a network activity warrant or a warrant under section 11A, 11B or 11C), a person may give information obtained by the interception in evidence in an exempt proceeding, being a proceeding in a court or before a tribunal, body, authority or person, if the court, tribunal, body, authority or person, as the case may be, is satisfied that:

                     (a)  but for an irregularity, the interception would not have constituted a contravention of subsection 7(1); and

                     (b)  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 (other than a substantial 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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