Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Immunities

165: Immunities in relation to obtaining or execution of orders and warrants

You could also call this:

"Protection for people who help get or follow search and surveillance orders"

If you do something to help get an order or warrant, you are protected from being sued or in trouble with the law. This protection applies if you act in good faith to get an order like a search warrant or a surveillance device warrant. You are also protected if you follow an order in a reasonable way.

If you do something because of a declaratory order, you are protected too. This means you will not get in trouble if you act in good faith and do what the order says. You must still follow the order in a reasonable manner to be protected.

You are protected when you carry out an order like a search warrant, as long as you do it in a reasonable way and in good faith. This protection is part of the law to help people who are following the rules. It helps keep you safe if you are doing what you are supposed to do.

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164: Immunities of issuing officer, or

"Issuing officers have the same legal protections as judges to keep them safe while doing their job."


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166: Other immunities in relation to exercise of entry, search, or surveillance powers, or

"Protection from being sued if you help with a search or surveillance in a reasonable and honest way"

Part 4General provisions in relation to search, surveillance, and inspection powers
Immunities

165Immunities in relation to obtaining or execution of orders and warrants

  1. Every person is immune from civil or criminal liability—

  2. for any act done in good faith in order to obtain an examination order, a production order, a search warrant, a surveillance device warrant, a declaratory order, or other order referred to in this Act:
    1. for any act done in good faith that is covered by a declaratory order:
      1. for any act done in good faith in relation to the execution of an examination order, a production order, a search warrant, a surveillance device warrant, or other order referred to in this Act, if the execution is carried out in a reasonable manner.