sec.47CUse of particular evidence in proceedings

### sec.47C Use of particular evidence in proceedings This section applies if— a person complied with a requirement under section 8AZE or 8PAB to provide access information for a digital device; and particular device information from the digital device (the prescribed information ) was accessible, or could be read, only by using the access information; and a criminal proceeding is started in relation to the person; and the criminal proceeding does not relate to— an emergency situation that, under section 5 , was declared to exist; or a terrorist emergency. The prescribed information is not admissible in evidence against the person in the criminal proceeding, unless the proceeding relates to— an indictable offence for which the maximum penalty is at least 7 years imprisonment; or an offence against the Criminal Code , section 218B . This section applies despite section 47B . s 47C ins 2017 No. 30 s 40 amd 2020 No. 7 s 74 (sec.47C-ssec.1) This section applies if— a person complied with a requirement under section 8AZE or 8PAB to provide access information for a digital device; and particular device information from the digital device (the prescribed information ) was accessible, or could be read, only by using the access information; and a criminal proceeding is started in relation to the person; and the criminal proceeding does not relate to— an emergency situation that, under section 5 , was declared to exist; or a terrorist emergency. (sec.47C-ssec.2) The prescribed information is not admissible in evidence against the person in the criminal proceeding, unless the proceeding relates to— an indictable offence for which the maximum penalty is at least 7 years imprisonment; or an offence against the Criminal Code , section 218B . (sec.47C-ssec.3) This section applies despite section 47B . - (a) a person complied with a requirement under section 8AZE or 8PAB to provide access information for a digital device; and - (b) particular device information from the digital device (the prescribed information ) was accessible, or could be read, only by using the access information; and - (c) a criminal proceeding is started in relation to the person; and - (d) the criminal proceeding does not relate to— (i) an emergency situation that, under section 5 , was declared to exist; or (ii) a terrorist emergency. - (i) an emergency situation that, under section 5 , was declared to exist; or - (ii) a terrorist emergency. - (i) an emergency situation that, under section 5 , was declared to exist; or - (ii) a terrorist emergency. - (a) an indictable offence for which the maximum penalty is at least 7 years imprisonment; or - (b) an offence against the Criminal Code , section 218B .