65Minor defects in connection with warrant or other authority

65 Minor defects in connection with warrant or other authority

(1) If: (a) information or a record is purportedly obtained through the use of a surveillance device authorised by a warrant, emergency authorisation or tracking device authorisation; and (b) there is a defect or irregularity in relation to the warrant, emergency authorisation or tracking device authorisation; and (c) but for that defect or irregularity, the warrant, emergency authorisation or tracking device authorisation would be a sufficient authority for the use of that surveillance device in obtaining that information or record; then: (d) the use of that device is to be treated as being as valid; and (e) the information or record obtained through that use may be dealt with, or given in evidence in any proceeding; as if the warrant, emergency authorisation or tracking device authorisation did not have that defect or irregularity. (1A) If: (a) information or a record is purportedly obtained through accessing, under a computer access warrant, data disruption warrant, network activity warrant or emergency authorisation, particular data held in a computer; and (b) there is a defect or irregularity in relation to the warrant or emergency authorisation; and (c) but for that defect or irregularity, the warrant or emergency authorisation would be a sufficient authority for accessing the data; then: (d) access to the data is taken to be as valid; and (e) the information or record obtained through accessing the data may be dealt with, or given in evidence in any proceeding; as if the warrant or emergency authorisation did not have that defect or irregularity. (1B) If: (a) data is disrupted purportedly under: (i) a data disruption warrant; or (ii) an emergency authorisation for disruption of data held in a computer; and (b) there is a defect or irregularity in relation to the warrant or emergency authorisation; and (c) but for that defect or irregularity, the warrant or emergency authorisation would be a sufficient authority for disrupting the data; disruption of the data is taken to be as valid as if the warrant or emergency authorisation did not have that defect or irregularity. (2) A reference in subsection (1), (1A) or (1B) to a defect or irregularity in relation to the warrant, emergency authorisation or tracking device authorisation 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 that warrant, emergency authorisation or tracking device authorisation; or (b) in connection with the execution of that warrant, emergency authorisation or tracking device authorisation, or the purported execution of a document purporting to be that warrant, emergency authorisation or tracking device authorisation.