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                     (b)  the Director-General of Security is informed under paragraph (1)(a) that the warrant has been revoked;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



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