144Giving information in evidence if communication unlawfully accessed

#### 144 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.