Telecommunications (Interception and Access) Regulations 2017 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This instrument is the
Telecommunications (Interception and Access) Regulations 2017 .
This instrument is made under the
Telecommunications (Interception and Access) Act 1979 .
In this instrument:
Act means theTelecommunications (Interception and Access) Act 1979 .
For the purposes of paragraph (b) of the definition of
criminal organisation in subsection 5(1) of the Act, section 7 of theSerious Crime Control Act 2009 (NT) is prescribed.Note: Section 7 of the
Serious Crime Control Act 2009 (NT) describes an organisation declared under section 15 of that Act.
For the purposes of paragraph 6K(c) of the Act, each of the following is prescribed:
(a) the
Proceeds of Crime Act 2002 ;(b) the
Confiscation of Proceeds of Crime Act 1989 (NSW);(c) the
Criminal Assets Recovery Act 1990 (NSW);(d) the
Confiscation Act 1997 (Vic);(e) the
Criminal Proceeds Confiscation Act 2002 (Qld);(f) the
Criminal Property Confiscation Act 2000 (WA);(g) the
Criminal Assets Confiscation Act 2005 (SA);(h) the
Crime (Confiscation of Profits) Act 1993 (Tas);(i) the
Confiscation of Criminal Assets Act 2003 (ACT);(j) the
Criminal Property Forfeiture Act 2002 (NT).
For the purposes of subsection 49(1) of the Act, the following forms are prescribed:
(a) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(i) of the Act applies—Form 1 in Schedule 1;
(b) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(ii) of the Act applies—Form 2 in Schedule 1;
(ba) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(i) of the Act applies—Form 2A in Schedule 1;
(bb) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(ii) of the Act applies—Form 2B in Schedule 1;
(bc) for a warrant issued under subsection 46(7) of the Act—Form 2C in Schedule 1;
(bd) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(i) of the Act applies—Form 2D in Schedule 1;
(be) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(ii) of the Act applies—Form 2E in Schedule 1;
(bf) for a warrant issued under subsection 46(12) of the Act—Form 2F in Schedule 1;
(c) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(i) of the Act applies—Form 3 in Schedule 1;
(d) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(ii) of the Act applies—Form 4 in Schedule 1;
(e) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(i) of the Act applies—Form 4A in Schedule 1;
(f) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(ii) of the Act applies—Form 4B in Schedule 1;
(fa) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(i) of the Act applies—Form 4C in Schedule 1;
(fb) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(ii) of the Act applies—Form 4D in Schedule 1;
(fc) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(i) of the Act applies—Form 4E in Schedule 1;
(fd) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(ii) of the Act applies—Form 4F in Schedule 1;
(fe) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(i) of the Act applies—Form 4G in Schedule 1;
(ff) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(ii) of the Act applies—Form 4H in Schedule 1;
(g) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(1) of the Act—Form 5 in Schedule 1;
(h) for a control order warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(4) of the Act—Form 5A in Schedule 1;
(i) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(7) of the Act—Form 5B in Schedule 1;
(j) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(9) of the Act—Form 5C in Schedule 1;
(k) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(12) of the Act—Form 5D in Schedule 1.
For the purposes of paragraph 118(1)(a) of the Act, the following forms are prescribed:
(a) for a stored communications warrant issued as a result of an application other than an international assistance application—Form 6 in Schedule 1;
(b) for a stored communications warrant issued as a result of an international assistance application—Form 6A in Schedule 1.
For the purposes of subsection 180U(1) of the Act, Form 7 in Schedule 1 is prescribed.
(1) For the purposes of subsection 7(2A) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 7(2)(a) of the Act effectively.
(2) For the purposes of subsection 108(4) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 108(2)(d) of the Act effectively.
Matters to which court is to have regard
(3) For the purposes of subsections (1) and (2), the matters are the following:
(a) the impacts of malicious SMS messages, and actions taken by users of telecommunications systems in response to those messages, on the operation and maintenance of telecommunications systems;
(b) the extent to which the act or thing assists in identifying and blocking malicious SMS messages;
(c) community expectations that malicious SMS messages should be identified and blocked;
(d) the financial or psychological harm caused, or likely to be caused, by malicious SMS messages;
(e) the extent to which the act or thing is done in a way that minimises any impacts on users of telecommunications systems, including any impacts on the privacy of users.
(4) To avoid doubt, nothing in this section limits the matters that a court may have regard to.
Malicious SMS messages
(5) For the purposes of this section, an
SMS message is a message communicated by means of a short message service or a multimedia message service.(6) For the purposes of this section, an SMS message is a
malicious SMS message if:
(a) the SMS message contains a link or a telephone number; and
(b) the purpose, or apparent purpose, of the SMS message is to mislead or deceive a recipient of the SMS message into using the link or telephone number; and
(c) the recipient would be likely to suffer detriment as a result of using the link or telephone number.
(1) Before requesting a journalist information warrant under section 180J of the Act, the Director‑General of Security must ensure that a copy of the proposed request is given to a Public Interest Advocate who:
(a) has been cleared for security purposes to the same level, and at the same frequency, as that required of an ASIO employee; or
(b) satisfies paragraph 18(1)(b) of this instrument.
(2) If:
(a) a copy of a proposed request is given to a Public Interest Advocate, as required by subsection (1); and
(b) subparagraph 13(1)(b)(ii) applies;
the Director‑General of Security must ensure that a copy of the proposed request is given to another Public Interest Advocate in accordance with this section.
(1) Before making a written application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is given a copy of the proposed application.
(2) Before making an oral application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is notified of the proposed application.
(3) If:
(a) both:
(i) a copy of a proposed application is given to a Public Interest Advocate, as required by subsection (1); and
(ii) subparagraph 13(1)(b)(ii) applies; or
(b) both:
(i) a Public Interest Advocate is notified of a proposed application, as required by subsection (2); and
(ii) the Public Interest Advocate advises that he or she is unable to attend the hearing of the application;
the person making the application must ensure that a copy of the proposed application is given to another Public Interest Advocate in accordance with this section.
Requests and written applications
(1) Upon receiving a proposed request by the Director‑General of Security or written application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate:
(a) may consider the proposed request or application; and
(b) must, as soon as reasonably practicable, advise the applicant that:
(i) he or she will prepare a submission in relation to the proposed request or application; or
(ii) he or she is unable to prepare a submission in relation to the proposed request or application.
Oral applications
(2) Upon being notified about a proposed oral application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate must advise the applicant whether he or she is able to attend the hearing of the application.
Note: See section 15.
Further information relating to requests or applications
(3) If:
(a) further information is given to:
(i) the Attorney‑General in relation to a request by the Director‑General of Security; or
(ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and
(b) a Public Interest Advocate is also given the further information or a summary of it;
then:
(c) in the case of a request by the Director‑General of Security for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed request for such a warrant; and
(d) in the case of a written application by an enforcement agency for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed written application for such a warrant; and
(e) in the case of an oral application by an enforcement agency for a journalist information warrant, subsection (2) applies as if the further information or summary were a proposed oral application for such a warrant.
Submission to be prepared
(1) If subparagraph 13(1)(b)(i) applies, the relevant Public Interest Advocate must prepare a submission relating to the proposed request by the Director‑General of Security or application by an enforcement agency, and endeavour to do so within a reasonable period, but no later than 7 days after being given the proposed request or application.
(2) The Public Interest Advocate must include in the submission the facts and considerations he or she considers:
(a) are relevant to one or both of the following:
(i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);
(ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and
(b) have not been satisfactorily addressed in the proposed request by the Director‑General of Security or application by the enforcement agency.
(3) Subsection (2) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submission.
(4) In determining what is a reasonable period to prepare the submission, the Public Interest Advocate must take into account:
(a) the time that could reasonably be expected to be required to prepare the submission; and
(b) the gravity of the matter in relation to which the proposed request or application relates; and
(c) the urgency of the circumstances in which the proposed request or application is made; and
(d) any other matter that the Public Interest Advocate considers relevant.
Copy of submission to be given to relevant person
(5) The Public Interest Advocate must, as soon as reasonably practicable, provide a copy of the submission to:
(a) in the case of a proposed request by the Director‑General of Security—the Director‑General of Security; and
(b) in the case of a proposed application by an enforcement agency—the following:
(i) if the Public Interest Advocate knows the identity of the person who proposes to make the application on behalf of the enforcement agency and that person is available—that person;
(ii) in any other case—the chief officer of the enforcement agency that is proposing to make the application.
Submission to take into account further information
(6) If:
(a) further information is given to:
(i) the Attorney‑General in relation to a request by the Director‑General of Security; or
(ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and
(b) a Public Interest Advocate is also given the further information or a summary of it; and
(c) subparagraph 13(1)(b)(i) applies;
the Public Interest Advocate must update the submission, or prepare a new submission, relating to the request or application taking into account the further information or summary.
(7) The Public Interest Advocate must endeavour to update the submission, or prepare the new submission, within a reasonable period, but no later than 7 days after being given the further information or summary.
(8) Subsections (2) to (5) apply in relation to updating the submission or preparing the new submission.
Late submissions
(9) If a Public Interest Advocate provides a copy of the submission, or updated submission, after the end of the 7 day period mentioned in subsection (1) or (7), the Attorney‑General or Part 4‑1 issuing authority may consider the late submission or updated submission.
(1) A Public Interest Advocate may attend the hearing of an oral application by an enforcement agency for a journalist information warrant in person, or by telephone or other means of voice communication.
(2) A Public Interest Advocate attending such a hearing may make submissions to the Part 4‑1 issuing authority hearing the application in the presence of the relevant enforcement agency.
(3) Submissions made by the Public Interest Advocate must include the facts and considerations he or she considers:
(a) are relevant to one or both of the following:
(i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);
(ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and
(b) have not been satisfactorily addressed in the enforcement agency’s application.
(4) Subsection (3) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submissions.
(5) If:
(a) further information is given to a relevant Part 4‑1 issuing authority in relation to an oral application; and
(b) a Public Interest Advocate is also given the further information or a summary of it; and
(c) the Public Interest Advocate has confirmed his or her availability to attend the hearing of the application;
the Public Interest Advocate must update the submission made, or make a new submission, to the Part 4‑1 issuing authority taking into account the further information or summary.
Further information relating to a request by the Director‑General of Security
(1) If, under section 180K of the Act, the Attorney‑General requires the Director‑General of Security to give to the Attorney‑General further information in connection with a request made by the Director‑General of Security, the Attorney‑General may require that:
(a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and
(b) in the case of further information given orally—both:
(i) the further information, or a summary of it, be given to a Public Interest Advocate; and
(ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Attorney‑General or another form.
(2) In deciding whether to act under subsection (1), the Attorney‑General may have regard to the following matters:
(a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the request;
(b) the gravity of the matter in relation to which the request relates;
(c) the urgency of the circumstances in which the request is being made;
(d) any other matter that the Attorney‑General considers relevant.
Further information relating to an application by an enforcement agency
(3) If, under section 180R of the Act, a Part 4‑1 issuing authority requires a person to give to the Part 4‑1 issuing authority further information in connection with an application by an enforcement agency, the Part 4‑1 issuing authority may require that:
(a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and
(b) in the case of further information given orally—both:
(i) the further information, or a summary of it, be given to a Public Interest Advocate; and
(ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Part 4‑1 issuing authority or another form.
(4) In deciding whether to act under subsection (3), a Part 4‑1 issuing authority may have regard to the following matters:
(a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the application;
(b) the gravity of the matter in relation to which the application relates;
(c) the urgency of the circumstances in which the application is being made;
(d) any other matter that the Part 4‑1 issuing authority considers relevant.
(1) After a decision has been made to issue, or refuse to issue, a journalist information warrant, or a request or application for such a warrant is withdrawn, a Public Interest Advocate must:
(a) in the case of a request by the Director‑General of Security—return the following to the Director‑General of Security:
(i) the proposed request to which the warrant relates;
(ii) any submission prepared by a Public Interest Advocate;
(iii) any other document, or a copy of or extract from a document, relating to the proposed request; and
(b) in the case of an application by an enforcement agency—return the following to the enforcement agency:
(i) the proposed application to which the warrant relates;
(ii) any submission prepared by a Public Interest Advocate;
(iii) any other document, or a copy of or extract from a document, relating to the proposed application.
(2) If:
(a) further information is given to:
(i) the Attorney‑General in relation to a request by the Director‑General of Security; or
(ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and
(b) a Public Interest Advocate is also given the further information or a summary of it;
the Public Interest Advocate must return the document containing the information or summary to the relevant person mentioned in subsection (1).
(1) Before declaring a person to be a Public Interest Advocate, the Prime Minister must be satisfied that:
(a) the person is a King’s Counsel or Senior Counsel who has been cleared for security purposes to a level that the Prime Minister considers appropriate; or
(aa) the person is practising as a barrister of a federal court or the Supreme Court of a State or Territory and:
(i) for at least 10 years has engaged in practice as a barrister; and
(ii) has experience in areas of law that the Prime Minister considers relevant; and
(iii) has been cleared for security purposes to a level that the Prime Minister considers appropriate; or
(b) the person has served as a judge of:
(i) the High Court; or
(ii) a court that is or was created by the Parliament under Chapter III of the Constitution; or
(iii) the Supreme Court of a State or Territory; or
(iv) an inferior court of a State or Territory;
but no longer holds a commission as a judge of a court listed in this paragraph.
(2) However, the following persons may not be declared as a Public Interest Advocate:
(a) the Director‑General of Security or a Deputy Director‑General of Security;
(b) an examiner;
(c) the Director of Public Prosecutions or a person performing a similar function appointed under the law of a State or Territory;
(d) the Solicitor‑General of the Commonwealth, or of a State or Territory;
(e) a person who is employed by the Commonwealth, a State or Territory;
(f) a member of the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory;
(g) a Part 4‑1 issuing authority.
A Public Interest Advocate holds office for the period specified in the written instrument declaring the person to be a Public Interest Advocate. The period must not exceed 5 years.
Note: A Public Interest Advocate may be reappointed: see section 33AA of the
Acts Interpretation Act 1901 .
Entitlement to charge
(1) A Public Interest Advocate may charge remuneration for the time spent by the Public Interest Advocate in the performance of his or her role as a Public Interest Advocate.
(2) Such remuneration is to be borne:
(a) in respect of a request for a journalist information warrant by the Director‑General of Security—by the Organisation; and
(b) in respect of an application for a journalist information warrant by an enforcement agency—by the enforcement agency.
Rate of remuneration
(3) A Public Interest Advocate may charge for remuneration:
(a) per day—at the daily rate payable to senior counsel without the approval of the Attorney‑General, as set out in Appendix D of the
Legal Services Directions 2017 ; and(b) per hour—at one‑sixth of the maximum daily rate mentioned in paragraph (a), up to a maximum of 6 hours per day.
A Public Interest Advocate must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the Public Interest Advocate has or acquires and that conflicts or could conflict with the proper performance of his or her functions.
(1) A Public Interest Advocate must take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the proper performance of his or her functions as a Public Interest Advocate.
(2) If the Public Interest Advocate believes that he or she has a conflict of interest (real or apparent) in relation to the subject‑matter of a proposed request by the Director‑General of Security or proposed application by an enforcement agency for a journalist information warrant, the Public Interest Advocate must:
(a) in the case of a proposed request by the Director‑General of Security—advise the Director‑General of Security that he or she is unable to prepare a submission in relation to the proposed request; or
(b) in the case of a proposed written application by an enforcement agency—advise the applicant that he or she is unable to prepare a submission in relation to the proposed application; or
(c) in the case of a proposed oral application by an enforcement agency—advise the applicant that he or she is unable to attend the hearing of the application.
(3) To avoid doubt, subsection (2) does not limit subparagraph 13(1)(b)(ii) or subsection 13(2).
(1) A Public Interest Advocate may resign from his or her position by giving the Prime Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Prime Minister or, if a later day is specified in the resignation, on that later day.
(1) The Prime Minister may revoke the declaration of a Public Interest Advocate:
(a) for misbehaviour by the Public Interest Advocate; or
(b) if the Public Interest Advocate is unable to perform his or her duties because of physical or mental incapacity.
(2) The Prime Minister must revoke the declaration of a Public Interest Advocate if:
(a) the Public Interest Advocate:
(i) becomes bankrupt; or
(ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with one or more of his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b) the Public Interest Advocate fails, without reasonable excuse, to comply with section 21 or 22; or
(c) the Public Interest Advocate is a person mentioned in paragraph 18(1)(a) and either:
(i) ceases to be a King’s Counsel or Senior Counsel; or
(ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or
(ca) the Public Interest Advocate is a person mentioned in paragraph 18(1)(aa) and either:
(i) ceases to be a legal practitioner; or
(ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or
(d) the Public Interest Advocate holds a position mentioned in subsection 18(2).
No action, suit or proceeding may be brought against a person who is, or has been, a Public Interest Advocate in relation to anything done, or omitted to be done, in good faith by the Public Interest Advocate:
(a) in the performance, or purported performance, of his or her functions; or
(b) in the exercise, or purported exercise, or his or her powers.
Governor‑General may make arrangements
(1) The Governor‑General may make arrangements with:
(a) the Governor of a State (other than the Northern Territory); and
(b) the Chief Minister for the Australian Capital Territory; and
(c) the Administrator of the Northern Territory;
with respect to the administration of provisions of the Act and this instrument relating to journalist information warrants.
Lack of arrangement does not affect validity of exercise of power or performance of function
(2) The validity of the performance of a function, or the exercise of a power, is not affected by the absence of an arrangement under this section covering the performance of the function, or exercise of the power, relating to the provisions mentioned in subsection (1).
For the purposes of paragraph 3(1)(b) of Schedule 1 to the Act, a copy of the English text of the Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime is set out in Schedule 2 to this instrument.
(1) If:
(a) a thing was done for a particular purpose under the
Telecommunications (Interception and Access) Regulations 1987 as in force immediately before those Regulations were repealed; and(b) the thing could be done for that purpose under this instrument;
the thing has effect for the purposes of this instrument as if it had been done under this instrument.
(2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.
Note: See sections 8, 9 and 10.
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
TELECOMMUNICATIONS SERVICE WARRANT
[ | |
[ | |
[ |
Authorisation
(1) I, [
name ], *an eligible Judge/*a nominated ART member within the meaning of theTelecommunications (Interception and Access) Act 1979 (theAct ), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the particular *person/*persons mentioned above *is/*are using, or *is/*are likely to use, the service; and
(d) information that would be likely to be obtained by intercepting, under a warrant, communications made to or from the service would be likely to assist in connection with the investigation by the applicant agency of the following *serious offence/*serious offences, in which the *particular person is/*particular persons are involved:
[
short particulars of the serious offence or serious offences ]; and
(e) the warrant should be issued having regard to the following matters only:
(i) how much the privacy of any person or persons would be likely to be interfered with by intercepting, under a warrant, communications made to or from the service;
(ii) the gravity of the conduct constituting the *offence/*offences being investigated;
(iii) how much the information mentioned in paragraph (d) would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(iv) to what extent methods of investigating the *offence/*offences that do not involve so intercepting communications have been used by, or are available to, the applicant agency;
(v) how much the use of such methods would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(vi) how much the use of such methods would be likely to prejudice the investigation by the applicant agency of the *offence/*offences, whether because of delay or for any other reason;
*(vii)
[if the applicant agency is an interception agency of Victoria] any submissions made by the Victorian PIM under section 44A of the Act to me;*(viii)
[if the applicant agency is an interception agency of Queensland] any submissions made by the Queensland PIM under section 45 of the Act to me.
Persons who may exercise this authority
Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [
a date that is not more than 90 days away ].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[
details of conditions ].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[
details of restrictions ].
Dated
…………………………………..
*Judge/*nominated ART member
* Omit if not applicable
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
TELECOMMUNICATIONS SERVICE WARRANT—B‑PARTY
[ | |
[ | |
[ |
Authorisation
(1) I, [
name ], *an eligible Judge/*a nominated ART member within the meaning of theTelecommunications (Interception and Access) Act 1979 (theAct ), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the particular *person/*persons mentioned above *is/*are using, or *is/*are likely to use, the service; and
(d) information that would be likely to be obtained by intercepting, under a warrant, communications made to or from the service would be likely to assist in connection with the investigation by the applicant agency of the following *serious offence/*serious offences, in which *another person is/*other persons are involved, with whom the *particular person is/*particular persons are likely to communicate using the service:
[
short particulars of the serious offence or serious offences ]; and
(e) the warrant should be issued having regard to the following matters only:
(i) how much the privacy of any person or persons would be likely to be interfered with by intercepting, under a warrant, communications made to or from the service;
(ii) the gravity of the conduct constituting the *offence/*offences being investigated;
(iii) how much the information mentioned in paragraph (d) would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(iv) to what extent methods of investigating the *offence/*offences that do not involve so intercepting communications have been used by, or are available to, the applicant agency;
(v) how much the use of such methods would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(vi) how much the use of such methods would be likely to prejudice the investigation by the applicant agency of the *offence/*offences, whether because of delay or for any other reason;
*(vii)
[if the applicant agency is an interception agency of Victoria] any submissions made by the Victorian PIM under section 44A of the Act to me;*(viii)
[if the applicant agency is an interception agency of Queensland] any submissions made by the Queensland PIM under section 45 of the Act to me.(3) I am satisfied that:
*the applicant agency has exhausted all other practicable methods of identifying the services used, or likely to be used, by the *person/*persons involved in the *serious offence/*serious offences being investigated.
*interception of communications made to or from a service used or likely to be used by the particular *person/*persons involved in the *serious offence/*serious offences being investigated would not otherwise be possible.
Persons who may exercise this authority
Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [
a date that is not more than 45 days away ].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[
details of conditions ].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[
details of restrictions ].
Dated
…………………………………..
*Judge/*nominated ART member
* Omit if not applicable
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
TELECOMMUNICATIONS SERVICE WARRANT FOR PART 5.3 SUPERVISORY ORDER
[ | |
[ | |
[ |
Authorisation
(1) I, [
name ], *an eligible Judge/*a nominated ART member within the meaning of theTelecommunications (Interception and Access) Act 1979 (theAct ), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the particular *person/*persons mentioned above *is/*are using, or *is/*are likely to use, the service; and
(d) *a Part 5.3 supervisory order is/*Part 5.3 supervisory orders are in force (including because of section 6T of the Act) in relation to *the particular person/*each of the particular persons mentioned above; and
(e) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:
*(i) achieving a Part 5.3 object; or
*(ii) determining whether the Part 5.3 supervisory *order/*orders, or any succeeding Part 5.3 supervisory *order/*orders, *has/*have been, or *is/*are being, complied with.
Note: For paragraph (2)(d), section 6T of the Act deems certain Part 5.3 supervisory orders to be in force if they have been made but not yet come into force.
(3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:
(a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from the service;
(b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory *order/*orders, or any succeeding Part 5.3 supervisory *order/*orders, *has/*have been, or *is/*are being, complied with;
(c) to what extent methods for:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory *order/*orders, or any succeeding Part 5.3 supervisory*order/*orders, *has/*have been, or *is/*are being, complied with;
that do not involve so intercepting communications have been used by, or are available to, the applicant agency;
(d) how much the use of such methods would be likely to assist in connection with:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory *order/*orders, or any succeeding Part 5.3 supervisory*order/*orders, *has/*have been, or *is/*are being, complied with;
(e) how much the use of such methods would be likely to prejudice:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory *order/*orders, or any succeeding Part 5.3 supervisory*order/*orders, *has/*have been, or *is/*are being, complied with;
whether because of delay or for any other reason;
(f) whether intercepting under a warrant communications made to or from the service would be the method that is likely to have the least interference with any person’s privacy;
*(g) [
if the warrant is issued on the basis of more than one Part 5.3 supervisory order ] for each Part 5.3 supervisory order that is a control order—the possibility that the person in relation to whom the control order is in force:
(i) has engaged, is engaging, or will engage, in a terrorist act; or
(ii) has provided, is providing, or will provide, support for a terrorist act; or
(iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or
(iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or
(v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;
*(ga) [
if the warrant is issued on the basis of more than one Part 5.3 supervisory order ] for each Part 5.3 supervisory order that is an extended supervision order or interim supervision order—the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious Part 5.3 offence;
(gb) for each Part 5.3 supervisory order—the possibility that the person in relation to whom the order is in force:
(i) has contravened, is contravening or will contravene the Part 5.3 supervisory order; or
(ii) will contravene a succeeding Part 5.3 supervisory order;
*(h) [
if the applicant agency is an interception agency of Victoria ] any submissions made by the Victorian PIM under section 44A of the Act to me;*(i) [
if the applicant agency is an interception agency of Queensland ] any submissions made by the Queensland PIM under section 45 of the Act to me.(4) This warrant is issued on the basis of the Part 5.3 supervisory *order/*orders mentioned in paragraph (2)(d), details of which are specified in the following table.
[ | [ | *interim control order/*confirmed control order/*interim supervision order/*extended supervision order |
Note: A warrant may remain in force if the Part 5.3 supervisory order is replaced by one or more succeeding Part 5.3 supervisory orders (see section 6U and subsection 49(6A) of the Act).
[
Persons who may exercise this authority
Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [
a date that is not more than 90 days away ].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[
details of conditions ].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[
details of restrictions ].
Dated
…………………………………..
*Judge/*nominated ART member
* Omit if not applicable
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
TELECOMMUNICATIONS SERVICE WARRANT FOR PART 5.3 SUPERVISORY ORDER—B‑PARTY
[ | |
[ | |
[ |
Authorisation
(1) I, [
name ], *an eligible Judge/*a nominated ART member within the meaning of theTelecommunications (Interception and Access) Act 1979 (theAct ), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the particular *person/*persons mentioned above *is/*are using, or *is/*are likely to use, the service; and
(d) a Part 5.3 supervisory order is in force (including because of section 6T of the Act) in relation to another person, and the particular *person/*persons mentioned above *is/*are likely to communicate with the other person using the service; and
(e) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:
*(i) achieving a Part 5.3 object; or
*(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.
Note: For paragraph (2)(d), section 6T of the Act deems certain Part 5.3 supervisory orders to be in force if they have been made but not yet come into force.
(3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:
(a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from the service;
(b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
(c) to what extent methods for:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
that do not involve so intercepting communications have been used by, or are available to, the applicant agency;
(d) how much the use of such methods would be likely to assist in connection with:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
(e) how much the use of such methods would be likely to prejudice:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
whether because of delay or for any other reason;
(f) whether intercepting under a warrant communications made to or from the service would be the method that is likely to have the least interference with any person’s privacy;
*(g) in relation to a Part 5.3 supervisory order that is a control order—the possibility that the person in relation to whom the control order is in force:
(i) has engaged, is engaging, or will engage, in a terrorist act; or
(ii) has provided, is providing, or will provide, support for a terrorist act; or
(iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or
(iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or
(v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;
*(ga) in relation to a Part 5.3 supervisory order that is an extended supervision order or interim supervision order—the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious Part 5.3 offence;
(gb) in relation to any Part 5.3 supervisory order—the possibility that the person in relation to whom the order is in force:
(i) has contravened, is contravening or will contravene the Part 5.3 supervisory order; or
(ii) will contravene a succeeding Part 5.3 supervisory order;
*(h) [
if the applicant agency is an interception agency of Victoria ] any submissions made by the Victorian PIM under section 44A of the Act to me;*(i) [
if the applicant agency is an interception agency of Queensland ] any submissions made by the Queensland PIM under section 45 of the Act to me.(4) I am satisfied that:
*the applicant agency has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the person to whom the Part 5.3 supervisory order relates.
*interception of communications made to or from a telecommunications service used or likely to be used by the person to whom the Part 5.3 supervisory order relates would not otherwise be possible.
(5) This warrant is issued on the basis of the Part 5.3 supervisory order mentioned in paragraph (2)(d), details of which are specified in the following table.
[ | [ | *interim control order/*confirmed control order/*interim supervision order/*extended supervision order |
Note: A warrant may remain in force if the Part 5.3 supervisory order is replaced by one or more succeeding Part 5.3 supervisory orders (see section 6U and subsection 49(6A) of the Act).
Persons who may exercise this authority
Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [
a date that is not more than 45 days away ].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[
details of conditions ].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[
details of restrictions ].
Dated
…………………………………..
*Judge/*nominated ART member
* Omit if not applicable
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
TELECOMMUNICATIONS SERVICE WARRANT FOR POST‑SENTENCE ORDER APPLICATION
[ | |
[ | |
[ |
Authorisation
(1) I, [
name ], *an eligible Judge/*a nominated ART member within the meaning of theTelecommunications (Interception and Access) Act 1979 (theAct ), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, the service; and
(d) the person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and
(e) the person is detained in custody; and
(f) there are reasonable grounds to suspect that there is an appreciable risk of the person committing a serious Part 5.3 offence; and
(g) consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post‑sentence order in relation to the person; and
(h) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to assist in determining whether to apply for the post‑sentence order.
(3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:
(a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from the service;
(b) how much the information referred to in paragraph (2)(h) would be likely to assist in determining whether to apply for the post‑sentence order;
(c) to what extent methods of determining whether to apply for the post‑sentence order that do not involve so intercepting communications have been used by, or are available to, the AFP Minister (or a legal representative of the AFP Minister);
(d) how much the use of such methods would be likely to assist in determining whether to apply for the post‑sentence order;
(e) how much the use of such methods would be likely to prejudice determining whether to apply for the post‑sentence order, whether because of delay or for any other reason;
*(f) [
if the applicant agency is an interception agency of Victoria ] any submissions made by the Victorian PIM under section 44A of the Act to me;*(g) [
if the applicant agency is an interception agency of Queensland ] any submissions made by the Queensland PIM under section 45 of the Act to me.(4) This warrant is issued to determine whether to make an application for a post‑sentence order in relation to [
the name of the person in relation to whom the application for the post‑sentence order would be made ].
Persons who may exercise this authority
Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [
a date that is not more than 90 days away ].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[
details of conditions ].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[
details of restrictions ].
Dated
…………………………………..
*Judge/*nominated ART member
* Omit if not applicable
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
TELECOMMUNICATIONS SERVICE WARRANT FOR COMMUNITY SAFETY SUPERVISION ORDER
[ | |
[ | |
[ |
Authorisation
(1) I, [
name ], *an eligible Judge/*a nominated ART member within the meaning of theTelecommunications (Interception and Access) Act 1979 (theAct ), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the particular *person/*persons mentioned above *is/*are using, or *is/*are likely to use, the service; and
(d) *a community safety supervision order is/*community safety supervision orders are in force (including because of section 6UA of the Act) in relation to *the particular person/*each of the particular persons mentioned above; and
(e) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:
*(i) achieving a Part 9.10 object; or
*(ii) determining whether the community safety supervision *order/*orders, or any succeeding community safety supervision order *order/*orders, *has/*have been, or *is/*are being, complied with.
Note: For paragraph (2)(d), section 6UA of the Act deems community safety supervision orders to be in force if they have been made but not yet come into force.
(3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:
(a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from the service;
(b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision *order/*orders, or any succeeding community safety supervision *order/*orders, *has/*have been, or *is/*are being, complied with;
(c) to what extent methods for:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision *order/*orders, or any succeeding community safety supervision order/*orders, *has/*have been, or *is/*are being, complied with;
that do not involve so intercepting communications have been used by, or are available to, the applicant agency;
(d) how much the use of such methods would be likely to assist in connection with:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision *order/*orders, or any succeeding community safety supervision *order/*orders, *has/*have been, or *is/*are being, complied with;
(e) how much the use of such methods would be likely to prejudice:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision *order/*orders, or any succeeding community safety supervision*order/*orders, *has/*have been, or *is/*are being, complied with;
whether because of delay or for any other reason;
(f) whether intercepting under a warrant communications made to or from the service would be the method that is likely to have the least interference with any person’s privacy;
(g) the possibility that the person in relation to whom the community safety supervision order is in force has committed, is committing, or will commit a serious violent or sexual offence;
(h) the possibility that the person in relation to whom the community safety supervision order is in force:
(i) has contravened, is contravening or will contravene the community safety supervision order; or
(ii) will contravene a succeeding community safety supervision order;
*(i) [
if the applicant agency is an interception agency of Victoria ] any submissions made by the Victorian PIM under section 44A of the Act to me;*(j) [
if the applicant agency is an interception agency of Queensland ] any submissions made by the Queensland PIM under section 45 of the Act to me.(4) This warrant is issued on the basis of the community safety supervision *order/*orders mentioned in paragraph (2)(d), details of which are specified in the following table.
[ | [ |
Note: A warrant may remain in force if the community safety supervision order is replaced by one or more succeeding community safety supervision orders (see section 6UB and subsection 49(6B) of the Act).
[
Persons who may exercise this authority
Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [
a date that is not more than 90 days away ].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[
details of conditions ].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[
details of restrictions ].
Dated
…………………………………..
*Judge/*nominated ART member
* Omit if not applicable
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
TELECOMMUNICATIONS SERVICE WARRANT FOR COMMUNITY SAFETY SUPERVISION ORDER—B‑PARTY
[ | |
[ | |
[ |
Authorisation
(1) I, [
name ], *an eligible Judge/*a nominated ART member within the meaning of theTelecommunications (Interception and Access) Act 1979 (theAct ), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the particular *person/*persons mentioned above *is/*are using, or *is/*are likely to use, the service; and
(d) a community safety supervision order is in force (including because of section 6UA of the Act) in relation to another person, and the particular *person/*persons mentioned above *is/*are likely to communicate with the other person using the service; and
(e) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:
*(i) achieving a Part 9.10 object; or
*(ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.
Note: For paragraph (2)(d), section 6UA of the Act deems community safety supervision orders to be in force if they have been made but not yet come into force.
(3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:
(a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from the service;
(b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;
(c) to what extent methods for:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;
that do not involve so intercepting communications have been used by, or are available to, the applicant agency;
(d) how much the use of such methods would be likely to assist in connection with:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;
(e) how much the use of such methods would be likely to prejudice:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;
whether because of delay or for any other reason;
(f) whether intercepting under a warrant communications made to or from the service would be the method that is likely to have the least interference with any person’s privacy;
(g) the possibility that the person in relation to whom the community safety supervision order is in force:
(i) has contravened, is contravening or will contravene the community safety supervision order; or
(ii) will contravene a succeeding community safety supervision order;
*(h) [
if the applicant agency is an interception agency of Victoria ] any submissions made by the Victorian PIM under section 44A of the Act to me;*(i) [
if the applicant agency is an interception agency of Queensland ] any submissions made by the Queensland PIM under section 45 of the Act to me.(4) I am satisfied that:
*the applicant agency has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the person to whom the community safety supervision order relates.
*interception of communications made to or from a telecommunications service used or likely to be used by the person to whom the community safety supervision order relates would not otherwise be possible.
(5) This warrant is issued on the basis of the community safety supervision order mentioned in paragraph (2)(d), details of which are specified in the following table.
[ | [ |
Note: A warrant may remain in force if the community safety supervision order is replaced by one or more succeeding community safety supervision orders (see section 6UB and subsection 49(6B) of the Act).
Persons who may exercise this authority
Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [
a date that is not more than 45 days away ].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[
details of conditions ].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[
details of restrictions ].
Dated
…………………………………..
*Judge/*nominated ART member
* Omit if not applicable
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
TELECOMMUNICATIONS SERVICE WARRANT FOR PART 9.10 ORDER APPLICATION
[ | |
[ | |
[ |
Authorisation
(1) I, [
name ], *an eligible Judge/*a nominated ART member within the meaning of theTelecommunications (Interception and Access) Act 1979 (theAct ), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, the service; and
(d) the person is a serious offender in relation to whom an application for a Part 9.10 order could be made; and
(e) there are reasonable grounds to suspect that there is an appreciable risk of the person committing a serious violent or sexual offence; and
(f) consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and
(g) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to assist in determining whether to apply for the Part 9.10 order.
(3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:
(a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from the service;
(b) how much the information referred to in paragraph (2)(g) would be likely to assist in determining whether to apply for the Part 9.10 order;
(c) to what extent methods of determining whether to apply for the Part 9.10 order that do not involve so intercepting communications have been used by, or are available to, the Immigration Minister (or a legal representative of the Immigration Minister);
(d) how much the use of such methods would be likely to assist in determining whether to apply for the Part 9.10 order;
(e) how much the use of such methods would be likely to prejudice determining whether to apply for the Part 9.10 order, whether because of delay or for any other reason;
*(f) [
if the applicant agency is an interception agency of Victoria ] any submissions made by the Victorian PIM under section 44A of the Act to me;*(g) [
if the applicant agency is an interception agency of Queensland ] any submissions made by the Queensland PIM under section 45 of the Act to me.(4) This warrant is issued to determine whether to make an application for a Part 9.10 order in relation to [
the name of the person in relation to whom the application for the Part 9.10 order would be made ].
Persons who may exercise this authority
Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [
a date that is not more than 90 days away ].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[
details of conditions ].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[
details of restrictions ].
Dated
…………………………………..
*Judge/*nominated ART member
* Omit if not applicable
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
NAMED PERSON WARRANT — TELECOMMUNICATIONS SERVICES
| |
[ |
Authorisation
(1) I, [
name ], *an eligible Judge/*a nominated ART member within the meaning of theTelecommunications (Interception and Access) Act 1979 (theAct ), acting under section 46A of the Act, authorise interceptions of communications made to or from any telecommunications service that the named person mentioned above is using, or is likely to use.(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than 1 telecommunications service; and
(d) information that would be likely to be obtained by intercepting, under a warrant, communications made to or from any telecommunications service that the named person is using, or is likely to use, would be likely to assist in connection with the investigation by the agency of the following *serious offence/ *serious offences, in which the named person is involved:
[
short particulars of the serious offence or serious offences ]; and
(e) the warrant should be issued having regard to the following matters only:
(i) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant, communications made to or from any telecommunications service used, or likely to be used, by the named person;
(ii) the gravity of the conduct constituting the *offence/*offences being investigated;
(iii) how much the information mentioned in paragraph (d) would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(iv) to what extent methods (including the use of a warrant issued under section 46 of the Act) of investigating the *offence/ *offences that do not involve the use of a warrant issued under section 46A of the Act in relation to the named person have been used by, or are available to, the applicant agency;
(v) how much the use of such methods would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(vi) how much the use of such methods would be likely to prejudice the investigation by the applicant agency of the *offence/*offences, whether because of delay or for any other reason;
*(vii)
[if the applicant agency is an interception agency of Victoria] any submissions made by the Victorian PIM under section 44A of the Act to me;*(viii)
[if the applicant agency is an interception agency of Queensland] any submissions made by the Queensland PIM under section 45 of the Act to me.
Persons who may exercise this authority
Under subsection 55 (1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55 (3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [
a date that is not more than 90 days away ].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[
details of conditions ].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[
details of restrictions ].
This warrant does not authorise the interception of communications made to or from the following telecommunications services:
[
details and location of service(s) ].
Dated
…………………………………..
*Judge/*nominated ART member
* Omit if not applicable
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
NAMED PERSON WARRANT — TELECOMMUNICATIONS DEVICES
[ | |
[ | |
[ |
Authorisation
(1) I, [
name ], *an eligible Judge/*a nominated ART member within the meaning of theTelecommunications (Interception and Access) Act 1979 (theAct ), acting under section 46A of the Act, authorise interceptions of communications made by means of the particular telecommunications *device/*devices that the named person mentioned above is using, or is likely to use.(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than 1 telecommunications service; and
(d) information that would be likely to be obtained by intercepting, under a warrant, communications made by means of the particular telecommunications *device/*devices that the named person is using, or is likely to use, would be likely to assist in connection with the investigation by the agency of the following *serious offence/*serious offences, in which the named person is involved:
[
short particulars of the serious offence or serious offences ]; and
(e) the warrant should be issued having regard to the following matters only:
3. Orders subject to this Agreement shall not intentionally target a Receiving‑Party Person, and each Party shall adopt targeting procedures designed to implement this requirement as described in Article 7.1.
4. Orders subject to this Agreement shall not target a Covered Person if the purpose is to obtain information concerning a Receiving‑Party Person.
5. Orders subject to this Agreement shall be targeted at specific Accounts, and shall identify as the object of the Order a specific person, account, address, or personal device, or other specific identifier.
Article 5: Issuance and Transmission of Orders 1. Orders subject to this Agreement shall be issued in compliance with the domestic law of the Issuing Party, and shall be based on requirements for a reasonable justification based on articulable and credible facts, particularity, legality, and severity regarding the conduct under investigation.
2. Orders subject to this Agreement shall be subject to review or oversight under the domestic law of the Issuing Party by a court, judge, magistrate, or other independent authority prior to, or in proceedings regarding, enforcement of the Order.
3. Orders subject to this Agreement for the interception of wire or electronic communications, and any extensions thereof, shall be for a fixed, limited duration; shall not last longer than is reasonably necessary to accomplish the approved purposes of the Order; and shall be issued only if the same information could not reasonably be obtained by another less intrusive method.
4. The Issuing Party shall not issue an Order subject to this Agreement at the request of or to obtain information to provide to the Receiving Party or a third‑party government.
5. The Issuing Party may issue Orders subject to this Agreement directly to a Covered Provider. Orders subject to this Agreement shall be transmitted by the Issuing Party’s Designated Authority. The Designated Authorities of the Parties may mutually decide that the functions each carries out under Articles 5.5 through and inclusive of 5.9, 6.1, and 6.2 may be performed by additional authorities of their governments in whole or in part. The Designated Authorities of the Parties may, by mutual decision, prescribe rules and conditions for any such authorities.
6. Prior to transmission, the Issuing Party’s Designated Authority shall review the Orders for compliance with this Agreement.
7. Each Order subject to this Agreement must include a written certification by the Issuing Party’s Designated Authority that the Order is lawful and complies with the Agreement, including the Issuing Party’s substantive standards for Orders subject to this Agreement.
8. The Issuing Party’s Designated Authority shall notify the Covered Provider that it invokes this Agreement with respect to an Order.
9. The Issuing Party shall notify the Covered Provider of a point of contact at the Issuing Party’s Designated Authority who can provide information on legal or practical issues relating to the Order.
10. In cases where an Order subject to this Agreement is issued for data in respect of an individual who is reasonably believed to be located outside the territory of and is not a national, citizen, or a lawful permanent resident of the Issuing Party, the Issuing Party’s Designated Authority shall notify the appropriate authorities in the third country where the person is located, except in cases where the Issuing Party considers that it would be detrimental to operational or national security, or impede the conduct of an investigation, or imperil human rights.
11. The Parties agree that a Covered Provider that receives an Order subject to this Agreement may raise specific objections when it has reasonable belief that the Agreement may not properly be invoked with regard to the Order. Such objections should generally be raised in the first instance to the Issuing Party’s Designated Authority and in a reasonable time after receiving an Order. Upon receipt of objections to the Order from a Covered Provider, the Issuing Party’s Designated Authority shall respond to the objections. If the objections are not resolved, the Parties agree that the Covered Provider may raise the objections to the Receiving Party’s Designated Authority. The Parties’ Designated Authorities may confer in an effort to resolve any such objections and may meet periodically and as necessary to discuss and address any issues raised under this Agreement.
12. If the Receiving Party’s Designated Authority concludes that the Agreement may not properly be invoked with respect to any Order subject to this Agreement, it shall notify the Issuing Party’s Designated Authority and the relevant Covered Provider of that conclusion, and this Agreement shall not apply to that Order.
Article 6: Production of Information by Covered Providers 1. The Parties agree that any Covered Data produced by a Covered Provider in response to an Order subject to this Agreement should be produced directly to the Issuing Party’s Designated Authority.
2. The Designated Authority of the Issuing Party may make arrangements with Covered Providers for the secure transmission of Orders subject to this Agreement and Covered Data produced in response to Orders subject to this Agreement, consistent with applicable law.
3. This Agreement does not in any way restrict or eliminate any obligation Covered Providers have to produce data pursuant to the law of the Issuing Party.
4. The Issuing Party’s requirements as to the manner in which a Covered Provider responds to an Order may include that a Covered Provider complete forms that attest to the authenticity of records produced, or to the absence or non‑existence of such records, and that the Order and any information or evidence furnished in response be kept confidential.
Article 7: Targeting and Minimization Procedures 1. Each Party shall adopt and implement appropriate targeting procedures, through which good‑faith, reasonable efforts shall be employed to establish that any Account targeted by an Order subject to this Agreement is used or controlled by a Covered Person.
2. Australia and the United States shall adopt and implement appropriate procedures to minimize the acquisition, retention and dissemination of information concerning U.S. Persons and Australian Persons respectively acquired pursuant to an Order subject to this Agreement, consistent with the need of the Parties to acquire, retain, and disseminate Covered Data relating to the prevention, detection, investigation, or prosecution of a Covered Offense.
3. The minimization procedures for information acquired pursuant to an Order subject to this Agreement shall include rules requiring Parties to segregate, seal, or delete, and not disseminate material found not to be information that is, or is necessary to understand or assess the importance of information that is, relevant to the prevention, detection, investigation, or prosecution of a Covered Offense, or necessary to protect against a threat of death or serious bodily harm to any person.
4. The minimization procedures shall include rules requiring Parties to promptly review material collected pursuant to an Order subject to this Agreement and store any unreviewed communications on a secure system accessible only to those persons trained in applicable procedures.
5. The minimization procedures shall include a provision stating that Australia must not disseminate to the United States the content of a communication of a U.S. Person acquired pursuant to an Order subject to this Agreement, unless the communication may be disseminated pursuant to the minimization procedures and relates to significant harm, or the threat thereof, to the United States or U.S. Persons, including crimes involving national security such as terrorism, significant violent crime, child exploitation, transnational organized crime, or significant financial fraud.
6. Each Party shall develop those targeting and minimization procedures it is required by this Article to adopt in consultation with and subject to the approval of the other Party, and shall seek the approval of the other Party for any changes in those procedures.
Article 8: Preservation Process and Subscriber Information Process
1. The Issuing Party may issue and transmit Legal Process that solely seeks the preservation of Covered Data or the preservation, disclosure, production, or authentication of Subscriber Information directly to a Covered Provider. Such process must relate to the prevention, detection, investigation, or prosecution of crime and shall be issued in compliance with and subject to review or oversight as appropriate under the domestic law of the Issuing Party.
2. An Issuing Party and a Covered Provider may make arrangements for the secure transmission of the Legal Process referenced in paragraph 1 of this Article and Subscriber Information produced in response, consistent with applicable law.
3. The Issuing Party’s requirements as to the manner in which a Covered Provider responds to Legal Process referenced in paragraph 1 of this Article may include that a Covered Provider complete forms that attest to the authenticity of the records produced, or to the absence or non‑existence of such records, and that the Legal Process and any information or evidence furnished in response be kept confidential.
Article 9: Limitations on Use and Transfer 1. Data acquired by the Issuing Party pursuant to Legal Process shall be treated in accordance with the Issuing Party’s domestic law, including its privacy and freedom of information laws.
2. The Issuing Party shall not transfer data received pursuant to an Order subject to this Agreement to a third‑party government or international organization without first obtaining the consent of the Receiving Party, except to the extent that such data has already been made public in accordance with the Issuing Party’s domestic law.
3. The Issuing Party shall not be required to share any information produced pursuant to Legal Process with the Receiving Party or a third‑party government.
4. Where an Issuing Party has received data pursuant to Legal Process from a Covered Provider, and:
a. Australia has declared that its essential interests may be implicated by the introduction of such data as evidence in the prosecution’s case in the United States for an offense for which the death penalty is sought; or
b. the United States has declared that its essential interests may be implicated by the introduction of such data as evidence in the prosecution’s case in Australia in a manner that raises freedom of speech concerns for the United States;
prior to use of the data in a manner that is or could be contrary to those essential interests, the Issuing Party shall, via the Receiving Party’s Designated Authority, obtain permission to do so. The Receiving Party may grant permission, subject to such conditions as it deems necessary, and if it does so, the Issuing Party may only introduce this data in compliance with those conditions. If the Receiving Party does not grant approval, the Issuing Party shall not use the data it has received pursuant to the Legal Process in that manner.
5. Use limitations additional to those specified in this Agreement may be imposed to the extent mutually agreed upon by the Parties.
The Agreement is without prejudice to and shall not affect other legal authorities and mechanisms for the Issuing Party to obtain or preserve electronic data from the Receiving Party and from Covered Providers subject to the jurisdiction of the Receiving Party, including, but not limited to, legal instruments and practices under the domestic law of either Party as to which the Party does not invoke this Agreement; requests for mutual legal assistance; and emergency disclosures.
1. Within one year of this Agreement’s entry into force, and periodically thereafter as mutually decided by the Parties, the Parties shall engage in a review of each Party’s compliance with the terms of this Agreement, which may include a review of the issuance and transmission of Orders subject to this Agreement to ensure that the purpose and provisions of this Agreement are being fulfilled, and a review of the Party’s handling of data acquired pursuant to an Order subject to this Agreement to determine whether to modify procedures adopted under this Agreement.
2. The Parties may consult at other times as necessary or to resolve disputes concerning the implementation of this Agreement, and any such disputes shall not be referred to any court, tribunal, or third party.
3. Each Issuing Party’s Designated Authority shall issue an annual report to the Receiving Party’s Designated Authority reflecting aggregate data concerning its use of this Agreement to the extent consistent with operational or national security.
4. This Agreement does not in any way restrict or eliminate a Covered Provider’s reporting of statistical information, consistent with applicable law, regarding Legal Process received by the Covered Provider.
Each Party shall bear its own costs arising from the operation of this Agreement.
This Agreement may be amended by written agreement of the Parties at any time. Any such amendment shall enter into force on the date of the later note completing an exchange of diplomatic notes between the Parties indicating that each has taken the necessary steps to bring the amendment into force.
This Agreement shall apply to Legal Process issued by an Issuing Party on or after the Agreement’s entry into force, regardless of whether the offense at issue was committed before or after this Agreement’s entry into force.
This Agreement shall enter into force on the date of the later note completing an exchange of diplomatic notes between the Parties indicating that each has taken the steps necessary to bring the agreement into force.
1. This Agreement shall remain in force for a five year period. The Parties may agree in writing to extensions of the Agreement.
2. Separately from expiration under paragraph 1, this Agreement may be terminated by either Party by sending a written notification to the other Party through diplomatic channels. Termination shall become effective one month after the date of such notice.
3. In the event the Agreement expires or is terminated, the provisions of this Agreement shall continue to apply with respect to Orders subject to this Agreement already issued prior to the date on which the Agreement terminates or expires.
4. In the event the Agreement expires or is terminated, any data produced to the Issuing Party may continue to be used, and shall continue to be subject to the conditions and safeguards, including minimization procedures, set forth in this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective governments, have signed this Agreement.
Done at _____________ this __________ day of ___________, in duplicate, in the English language.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Telecommunications (Interception and Access) Regulations 2017 | 21 Dec 2017 (F2017L01701) | 22 Dec 2017 (s 2(1) item 1) | |
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018 | 8 Oct 2018 (F2018L01408) | Sch 1 (items 4, 5): 22 Nov 2018 (s 2(1) item 2) | — |
Telecommunications (Interception and Access) Amendment (Form of Warrants) Regulations 2019 | 21 Feb 2019 (F2019L00161) | 22 Feb 2019 (s 2(1) item 1) | — |
Telecommunications (Interception and Access) Amendment Regulations 2019 | 22 Feb 2019 (F2019L00162) | 23 Feb 2019 (s 2(1) item 1) | — |
Telecommunications (Interception and Access) Amendment (Form of Warrants No. 2) Regulations 2019 | 2 Dec 2019 (F2019L01552) | 3 Dec 2019 (s 2(1) item 1) | — |
Telecommunications (Interception and Access) Amendment (2021 Measures No. 1) Regulations 2021 | 29 Nov 2021 (F2021L01622) | 30 Nov 2021 (s 2(1) item 1) | — |
Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Regulations 2021 | 20 Dec 2021 (F2021L01842) | Sch 1 (items 2–11): 21 Dec 2021 (s 2(1) item 1) | — |
Telecommunications (Interception and Access) Amendment (International Production Orders) Regulations 2022 | 4 Feb 2022 (F2022L00111) | 30 Nov 2022 (s 2(1) item 1) | — |
Crimes Legislation Amendment (Community Safety Orders and Other Measures) Regulations 2023 | 7 Dec 2023 (F2023L01628) | Sch 1 (items 6–11): 8 Dec 2023 (s 2(1) item 1) | — |
Telecommunications (Interception and Access) Amendment (Public Interest Advocates) Regulations 2023 | 22 Feb 2024 (F2024L00202) | 23 Feb 2024 (s 2(1) item 1) | — |
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 |
11 Oct 2024 (F2024L01299) | Sch 2 (item 38): 14 Oct 2024 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
s 4............................................. | rep LA s 48C |
s 6............................................. | ed C3 |
s 7............................................. | ed C3 |
s 8............................................. | am F2019L00161; F2021L01842; F2023L01628 |
s 9............................................. | rs F2018L01408 |
s 10A......................................... | ad F2021L01622 |
s 13............................................ | am F2019L00162 |
s 14............................................ | am F2019L00162 |
s 16............................................ | am F2019L00162 |
s 17............................................ | am F2019L00162 |
s 18............................................ | am F2024L00202 |
s 21............................................ | am F2019L00162 |
s 24............................................ | am F2024L00202 |
Part 3A...................................... | ad F2022L00111 |
s 26A......................................... | ad F2022L00111 |
Form 1....................................... | am F2019L01552; F2024L01299 |
ed C11 | |
Form 2....................................... | am F2019L01552; F2024L01299 |
ed C11 | |
Form 2A.................................... | ad F2019L00161 |
rs F2021L01842 | |
am F2024L01299 | |
ed C11 | |
Form 2B..................................... | ad F2019L00161 |
rs F2021L01842 | |
am F2024L01299 | |
ed C11 | |
Form 2C..................................... | ad F2021L01842 |
am F2024L01299 | |
ed C11 | |
Form 2D.................................... | ad F2023L01628 |
am F2024L01299 | |
ed C11 | |
Form 2E..................................... | ad F2023L01628 |
am F2024L01299 | |
ed C11 | |
Form 2F..................................... | ad F2023L01628 |
am F2024L01299 | |
ed C11 | |
Form 3....................................... | am F2019L01552; F2024L01299 |
ed C11 | |
Form 4....................................... | am F2019L01552; F2024L01299 |
ed C11 | |
Form 4A.................................... | ad F2019L00161 |
rs F2021L01842 | |
am F2024L01299 | |
ed C11 | |
Form 4B..................................... | ad F2019L00161 |
rs F2021L01842 | |
am F2024L01299 | |
ed C11 | |
Form 4C..................................... | ad F2021L01842 |
am F2024L01299 | |
ed C11 | |
Form 4D.................................... | ad F2021L01842 |
am F2024L01299 | |
ed C11 | |
Form 4E..................................... | ad F2023L01628 |
am F2024L01299 | |
ed C11 | |
Form 4F..................................... | ad F2023L01628 |
am F2024L01299 | |
ed C11 | |
Form 4G.................................... | ad F2023L01628 |
am F2024L01299 | |
ed C11 | |
Form 4H.................................... | ad F2023L01628 |
am F2024L01299 | |
ed C11 | |
Form 5....................................... | am F2021L01842; F2024L01299 |
ed C11 | |
Form 5A.................................... | ad F2019L00161 |
rs F2021L01842 | |
am F2024L01299 | |
ed C11 | |
Form 5B..................................... | ad F2021L01842 |
am F2024L01299 | |
ed C11 | |
Form 5C..................................... | ad F2023L01628 |
am F2024L01299 | |
ed C11 | |
Form 5D.................................... | ad F2023L01628 |
am F2024L01299 | |
ed C11 | |
Form 6....................................... | rs F2018L01408 |
Form 6A.................................... | ad F2018L01408 |
Schedule 2.................................. | rep LA s 48C |
ad F2022L00111 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the
Correct an error arising out of an amendment of an instrument
Forms 1 to 5D in Schedule 1 contain references to “*nominated AAT member”.
This compilation was editorially changed to update references by omitting “*nominated AAT member” and substituting “*nominated ART member” in Forms 1 to 5D of Schedule 1.
0
0
0