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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 16

Additional requirements for named person warrants

  (1)   Where:

  (a)   an authorised representative of a carrier has been given a copy of a warrant under section   9A or 11B; and

  (aa)   the warrant is not a warrant that authorises interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

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

  (c)   the service was not identified in the warrant;

a certifying person must cause that authorised representative to be given, as soon as practicable, a description in writing of the service sufficient to identify it.

  (1A)   Where:

  (a)   an authorised representative of a carrier has been given a copy of a warrant under section   9A or 11B; and

  (b)   the warrant is a warrant that authorises interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

  (c)   it is proposed, under the warrant, to intercept, by means of a telecommunications device, communications made to or from a telecommunications service operated by the carrier; and

  (d)   the device was not identified in the warrant;

a certifying person must cause that authorised representative to be given, as soon as practicable, a description in writing of the device sufficient to identify it.

  (2)   Where:

  (a)   an authorised representative of a carrier has been given a description of a telecommunications service to or from which, or a telecommunications device or telecommunications devices by means of which, communications are proposed to be intercepted under a warrant under section   9A or 11B; and

  (b)   the Director - General of Security is satisfied that the interception of communications to or from that service, or by means of the device or devices, is no longer required;

a certifying person must cause:

  (c)   that authorised representative to be informed of the fact immediately; and

  (d)   confirmation in writing of the fact to be given as soon as practicable to that authorised representative.


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