Commonwealth Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 11B

             (1)  The Attorney‑General may, under his or her hand, issue a warrant in respect of a person if:

                     (a)  the Director‑General of Security gives a notice in writing to the Attorney‑General requesting the Attorney‑General to issue a warrant under this section authorising persons approved under section 12 in respect of the warrant to do acts or things referred to in subsection 9A(1A) in relation to:

                              (i)  communications that are being made to or from any telecommunications service that a person or foreign organisation is using, or is likely to use; or

                             (ii)  communications that are being made by means of a particular telecommunications device or particular telecommunications devices that a person or foreign organisation is using, or is likely to use;

                            for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and

                     (b)  the Attorney‑General is satisfied, on the basis of advice received from the relevant Minister, that:

                              (i)  the obtaining of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth's international affairs; and

                             (ii)  it is necessary to intercept the communications of the person or foreign organisation in order to obtain the intelligence referred to in paragraph (a); and

                            (iii)  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 or foreign organisation 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 or foreign organisation 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.

             (2)  A request by the Director‑General of Security for the issue of a warrant in respect of a person or foreign organisation:

                     (a)  must include the name or names by which the person or organisation 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 or foreign organisation 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.

             (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 or foreign organisation in respect of whom or which 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 or foreign organisation would not otherwise be practicable.

Note:          Warrants are obtained under this section for the purpose of performing the function set out in paragraph 17(1)(e) of the Australian Security Intelligence Organisation Act 1979 .