TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 180T Issuing a journalist information warrant

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 180T

  (1)   After considering an application under section   180Q, the Part   4 - 1 issuing authority must:

  (a)   issue a journalist information warrant that authorises the making of authorisations under one or more of sections   178, 178A, 179 and 180 in relation to the particular person to which the application relates; or

  (b)   refuse to issue a journalist information warrant.

  (2)   The Part   4 - 1 issuing authority must not issue a journalist information warrant unless the Part   4 - 1 issuing authority is satisfied that:

  (a)   the warrant is reasonably necessary for whichever of the following purposes are applicable:

  (i)   if the warrant would authorise the making of authorisations under section   178--for the enforcement of the criminal law;

  (ii)   if the warrant would authorise the making of authorisations under section   178A--finding a person who the Australian Federal Police, or a Police Force of a State, has been notified is missing;

  (iii)   if the warrant would authorise the making of authorisations under section   179--the enforcement of a law imposing a pecuniary penalty or for the protection of the public revenue;

  (iv)   if the warrant would authorise the making of authorisations under section   180--the investigation of an offence of a kind referred to in subsection   180(4); and

  (b)   the public interest in issuing the warrant outweighs the public interest in protecting the confidentiality of the identity of the source in connection with whom authorisations would be made under the authority of the warrant, having regard to:

  (i)   the extent to which the privacy of any person or persons would be likely to be interfered with by the disclosure of information or documents under authorisations that are likely to be made under the authority of the warrant; and

  (ii)   the gravity of the matter in relation to which the warrant is sought; and

  (iii)   the extent to which that information or those documents would be likely to assist in relation to that matter; and

  (iv)   whether reasonable attempts have been made to obtain the information or documents by other means; and

  (v)   any submissions made by a Public Interest Advocate under section   180X; and

  (vi)   any other matters the Part   4 - 1 issuing authority considers relevant.