Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Upon receiving a request by the Director - General of Security for the issue of a warrant under this section in respect of a person, the Attorney - General may, under his or her hand, issue a warrant in respect of the person if the Attorney - General is satisfied that:
(a) the person is engaged in, or reasonably suspected by the Director - General of Security of being engaged in, or of being likely to engage in, activities prejudicial to security; and
(b) the interception by the Organisation of:
(i) communications made to or from telecommunications services used by the person; or
(ii) communications made by means of a particular telecommunications device or particular telecommunications devices used by the person;
will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relating to security; and
(c) relying on a telecommunications service warrant to obtain the intelligence would be ineffective.
(1A) The warrant authorises persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant:
(a) communications that are being made to or from any telecommunications service that the person is using, or is likely to use; or
(b) communications that are being made by means of a telecommunications device or telecommunications devices, identified in the warrant, that the person is using, or is likely to use.
Note: Subsection (3) restricts the issuing of a warrant authorising interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant.
(1B) The warrant may authorise entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.
(1C) The reference in paragraph (1)(b) to the interception of communications made to or from a telecommunications service includes a reference to the accessing of the communications as stored communications after they have ceased to pass over a telecommunications system.
(2) A request by the Director - General of Security for the issue of a warrant in respect of a person:
(a) must include the name or names by which the person is known; and
(b) must include details (to the extent these are known to the Director - General of Security) sufficient to identify the telecommunications services the person is using, or is likely to use; and
(ba) if the warrant would authorise interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant--must include details (to the extent these are known to the Director - General of Security) sufficient to identify the telecommunications device or telecommunications devices that the person is using, or is likely to use; and
(c) must specify the facts and other grounds on which the Director - General of Security considers it necessary that the warrant should be issued, including the grounds on which the Director - General of Security suspects the person of being engaged in, or of being likely to engage in, activities prejudicial to security.
(3) The Attorney - General must not issue a warrant that authorises interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant unless he or she is satisfied that:
(a) there are no other practicable methods available to the Organisation at the time of making the application to identify the telecommunications services used, or likely to be used, by the person in respect of whom the warrant would be issued; or
(b) interception of communications made to or from a
telecommunications service used, or likely to be used, by that person would
not otherwise be practicable.