(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.

(2)

A reference in subsection (1) 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.