Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 15

How warrants etc. to be dealt with

  (1)   Where the Attorney - General issues or revokes a Part   2 - 2 warrant, he or she shall cause:

  (a)   the Director - General of Security to be informed forthwith of the issue of the warrant or of the revocation, as the case may be; and

  (b)   the warrant or the instrument of revocation, as the case may be, to be forwarded, as soon as practicable, to the Director General of Security.

  (1A)   Where:

  (a)   the Director - General of Security is informed under paragraph   (1)(a) of the issue of a warrant (other than a warrant under section   11C); and

  (b)   it is proposed, under the warrant, to intercept communications made to or from a telecommunications service while they are passing over a telecommunications system operated by a carrier; and

  (ba)   the execution of the warrant will involve the taking of action by the carrier or its employees;

the Director - General of Security shall cause:

  (c)   an authorised representative of that carrier to be informed forthwith of the issue of the warrant; and

  (d)   where, under paragraph   (1)(b), the Director - General of Security receives the warrant--a copy of the warrant, certified in writing by a certifying person to be a true copy of the warrant, to be given as soon as practicable to that authorised representative.

Note:   Subsection   15(7) deals with cases where the Director - General of Security is informed of the issue of a warrant under section   11C.

  (1B)   Where:

  (a)   an authorised representative of a carrier has been informed, under subsection   (1A), of the issue of a warrant; and

  (b)   the Director - General of Security is informed under paragraph   (1)(a) that the warrant has been revoked;

the Director - General of Security shall cause:

  (c)   that authorised representative to be informed forthwith of the revocation; and

  (d)   where, under paragraph   (1)(b), the Director - General of Security receives the instrument of revocation--a copy of the instrument, certified in writing by a certifying person to be a true copy of the instrument, to be forwarded as soon as practicable to that authorised representative.

  (3)   The Attorney - General shall record on each request in writing for the issue of a warrant received by him or her from the Director - General of Security his or her decision with respect to the request and shall cause the request to be returned to the Director - General of Security.

  (4)   Where:

  (a)   the Director - General of Security issues a warrant under section   10; and

  (b)   it is proposed, under the warrant, to intercept communications made to or from a telecommunications service while they are passing over a telecommunications system operated by a carrier; and

  (ba)   the execution of the warrant will involve the taking of action by the carrier or its employees;

the Director - General of Security shall cause:

  (c)   an authorised representative of that carrier to be informed forthwith of the issuing of the warrant; and

  (d)   a copy of the warrant, certified in writing by the Director - General, or a Deputy Director - General of Security, to be a true copy of the warrant, to be given as soon as practicable to that authorised representative.

  (6)   The Director - General of Security shall cause to be kept in the Organisation's records:

  (a)   each warrant issued under section   10;

  (c)   each warrant, and each instrument of revocation, received under this section by the Director - General from the Attorney - General; and

  (e)   each request, and each document, returned to the Director - General by the Attorney - General.

  (7)   Where:

  (a)   the Director - General of Security is informed under paragraph   (1)(a) of the issue of a warrant under section   11C; and

  (b)   it is proposed, under the warrant, to intercept communications made while they are passing over a telecommunications system operated by a carrier; and

  (ba)   the carrier is required to be given a notice under subsection   11C(4A) in relation to the warrant;

the Director - General of Security must cause:

  (c)   an authorised representative of that carrier to be informed forthwith of the issue of the warrant; and

  (d)   that authorised representative to be given the notice under subsection   11C(4A) as soon as reasonably practicable.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback