Commonwealth Consolidated Acts

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Form and content of warrant

             (1)  A warrant shall be in accordance with the prescribed form and shall be signed by the Judge or nominated AAT member who issues it.

             (2)  A warrant may specify conditions or restrictions relating to interceptions under the warrant.

          (2A)  Without limiting subsection (2), a named person warrant may state that the warrant does not authorise the interception of communications made to or from a specified telecommunications service.

Period of warrant

             (3)  A warrant shall specify, as the period for which it is to be in force, a period of:

                     (a)  if subparagraph 46(1)(d)(ii) or 46(4)(d)(ii) applies--up to 45 days; or

                     (b)  otherwise--up to 90 days.

             (4)  A Judge or nominated AAT member shall not vary a warrant by extending the period for which it is to be in force.

             (5)  Neither of subsections (3) and (4) prevents the issue of a further warrant in respect of a service, or a person, in respect of which a warrant has, or warrants have, previously been issued.

             (6)  In subsection (5), warrant means a warrant issued under this Act.

          (6A)  To avoid doubt, a warrant issued on the basis that a Part 5.3 supervisory order is in force remains in force for the period mentioned in subsection (3) even if the order ceases to be in force, provided that the order is replaced by a succeeding Part 5.3 supervisory order.

Note 1:       If there is no succeeding Part 5.3 supervisory order, the warrant must be revoked (see section 57).

Note 2:       A control order is not a succeeding Part 5.3 supervisory order in relation to an extended supervision order, and vice versa (see section 6U).

Particulars of serious offences

             (7)  A warrant issued under subsection 46(1) or 46A(1), or issued under section 48 in the circumstances mentioned in subsection 46(1), shall set out short particulars of each serious offence in relation to which the Judge or nominated AAT member issuing the warrant was satisfied, on the application for the warrant, as mentioned in:

                     (a)  in the case of a warrant under section 48--paragraph 46(1)(d); or

                     (b)  otherwise--paragraph 46(1)(d) or 46A(1)(d), as the case requires.

Content of warrants issued for Part 5.3 supervisory orders

             (8)  A warrant issued for a Part 5.3 supervisory order that is in force must:

                     (a)  state that the warrant is issued on the basis of a Part 5.3 supervisory order made in relation to a person; and

                     (b)  specify the name of the person; and

                     (c)  specify the date the Part 5.3 supervisory order was made; and

                     (d)  state whether the Part 5.3 supervisory order is:

                              (i)  an interim control order; or

                             (ii)  a confirmed control order; or

                            (iii)  an interim supervision order; or

                            (iv)  an extended supervision order.

Warrants issued for post-sentence order applications

             (9)  A warrant issued to determine whether to make an application for a post-sentence order in relation to a person must:

                     (a)  state that the warrant is issued on that basis; and

                     (b)  specify the name of the person.

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