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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 94A

Reports regarding emergency interception action

             (1)  The chief officer of an agency referred to in subsection 7(8) must give to the Minister a written report concerning:

                     (a)  an emergency interception action taken by an officer of the agency that, because of the operation of subsection 7(6A), took place without a warrant under Part 2-5; and

                     (b)  an emergency interception action taken by an officer of the agency in respect of which an application for a warrant was made under Part 2-5 and refused.

             (2)  The chief officer of the agency must give the report within 3 months after:

                     (a)  in the case set out in paragraph (1)(a)--the date on which the action ceased; and

                     (b)  in the case set out in paragraph (1)(b)--the date on which the application was refused.

             (3)  The report must contain the following information:

                     (a)  if an interception occurred:

                              (i)  the date and time at which the interception began; and

                             (ii)  the duration of the interception;

                     (b)  if there was no interception but action had been taken to cause a communication to be intercepted--details of the action taken;

                     (c)  the circumstances that led the officer concerned to believe that the conditions of subsection 7(4) or (5) were satisfied;

                     (d)  in the case set out in paragraph (1)(a)--the reasons it was not practicable to apply for a warrant under Part 2-5 in relation to the action;

                     (e)  in the case set out in paragraph (1)(b)--the reasons the judge or nominated AAT member refused the application if the reasons are known;

                      (f)  information about the use made by the agency of information obtained by the interception;

                     (g)  information about the communication of such information to persons other than officers of the agency;

                     (h)  the number of arrests that have been, or are likely to be, made on the basis of such information;

                      (i)  an assessment of the usefulness of information obtained by the interception.

             (4)  In this section:

"emergency interception action" means an interception done under subsection 7(4) or (5) or action taken under one of those subsections to cause an interception to occur.



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