Telecommunications (Interception) Regulations (Cth)

Statutory Rules

1980 No. 329

REGULATIONS UNDER THE TELECOMMUNICATIONS (INTERCEPTION) ACT 19791

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Telecommunications (Interception) Act 1979.

Dated this twenty-ninth day of October 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

P. DURACK

Attorney-General

Telecommunications (Interception) Regulations

Citation

 1. These Regulations may be cited as the Telecommunications (Interception) Regulations.

Interpretation

 2.  In these Regulations “the Act” means the Telecommunications (Interception) Act 1979.

Warrants

 3.(1) The form of warrant for the purposes of section 20 of the Act is the form in Schedule 1.

 (2)The form of warrant for the purposes of section 21 of the Act is the form in Schedule 2.

Schedule 1Sub-regulation 3 (1)

COMMONWEALTH OF AUSTRALIA

Telecommunications (Interception) Act 1979

WARRANT UNDER SECTION 20

TO: Persons approved under section 22 of the Telecommunications (Interception) Act 1979 in respect of this warrant.

 WHEREAS application has been made to me by (full name and rank, if any, of applicant for warrant) , a member of the Australian Federal Police within the meaning of the Telecommunications (Interception) Act 1979, for the issue of a warrant under section 20 of that Act in respect of the following telecommunications service as defined in sub-section 5 (1) of that Act, namely (here state location in Australia and description of service)

  :

 AND WHEREAS I, (full name) , a Judge of the  Court of ,

*in respect of whom an appropriate arrangement in force under section 19 of that Act is applicable,

am satisfied, by information on oath, that —

• (a)

  there are reasonable grounds for suspecting that that telecommunications service is being, or is likely to be, used by a person who

 *has committed

 *is suspected on reasonable grounds of having committed

 *suspected on reasonable grounds of being likely to commit

 a narcotics offence within the meaning of that Act; and

• (b)

  the interception by members of the Australian Federal Police within the meaning of that Act of communications made to or from that telecommunications service will, or is likely to, assist such members in, or in connection with, inquiries that are being made in relation to

 *such a narcotics offence that that person has committed

 *a narcotics offence that that person is reasonably suspected of having committed

 *the likely commission, by that person, of such a narcotics offence:

 I HEREBY AUTHORIZE you to intercept communications that are being made to or from that service

*subject to the following conditions or restrictions:

 (here insert any conditions or restrictions that Judge sees fit to specify)  :

 *AND I HEREBY AUTHORIZE you to enter on the following premises, namely  (description of premises)  during the hours of (or at any time of the day or night), for the purposes of installing, maintaining, using or recovering any equipment used to intercept such communications

*without permission first being sought or demand first being made:

*and I hereby authorize the following measures that I am satisfied are necessary for that purpose:

 (here specify measures authorized to be taken)  :

 AND this warrant shall remain in force for the period of commencing on the  day of 19 .

 Dated this day of 19 .

Judge

*Omit if inapplicable.

__________

Schedule 2

Sub-regulation 3 (2)

COMMONWEALTH OF AUSTRALIA

Telecommunications (Interception) Act 1979

WARRANT UNDER SECTION 21

TO: The Australian Telecommunications Commission.

 WHEREAS application has been made to me by (full name and rank, if any, of applicant for warrant) , a member of the Australian Federal Police within the meaning of the Telecommunications (Interception) Act 1979, for the issue of a warrant under section 21 of that Act in relation to the following person, namely (specify name of person and, if known, the address and occupation of that person) :

 AND WHEREAS I, (full name)  , a Judge of the Court of   ,

*in respect of whom an appropriate arrangement in force under section 19 of that Act is applicable, am satisfied, by information on oath, that —

• (a)

   (full name of person)

  *has committed

  *is suspected on reasonable grounds of having committed

  *is suspected on reasonable grounds of being likely to commit

  a narcotics offence; and

• (b)

  access by members of the Australian Federal Police, within the meaning of that Act, to telegrams that are, within the meaning of sub-section 21 (8) of that Act, lodged by or on behalf of, or addressed to or intended to be received by, the last mentioned person will, or is likely to, assist such members in or in connection with inquiries

  *that are being made in relation to such a narcotics offence that that person has committed

  *that are being made in relation to such a narcotics offence that that person is reasonably suspected of having committed

  *in relation to the likely commission, by that person, of such a narcotics offence:

 I HEREBY AUTHORIZE the Australian Telecommunications Commission —

• (a)

  to inspect and make copies of such telegrams —

  • (i)

    lodged by, or on behalf of, (full name of person) at    in Australia; or

  • (ii)

    addressed to, or intended to be received by, (full name of person)   at in Australia; and

• (b)

  to furnish the copies of those telegrams to the Commissioner of Police within the within the meaning of that Act:

 AND this warrant shall remain in force for the period of  commencing on the day of 19 .

 Dated this day of 19 .

Judge

*Omit if inapplicable.

Note

1. Notified in the Commonwealth of Australia Gazette