Commonwealth Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 46A

             (1)  Where an agency applies to an eligible Judge or nominated AAT member for a warrant in respect of a person and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member under this Part in connection with the application, that:

                     (a)  Division 3 has been complied with in relation to the application; and

                     (b)  in the case of a telephone application--because of urgent circumstances, it was necessary to make the application by telephone; and

                     (c)  there are reasonable grounds for suspecting that a particular person is using, or is likely to use, more than one telecommunications service; and

                     (d)  information that would be likely to be obtained by intercepting under a warrant:

                              (i)  communications made to or from any telecommunications service that the person is using, or is likely to use; or

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

                            would be likely to assist in connection with the investigation by the agency of a serious offence, or serious offences, in which the person is involved; and

                     (e)  having regard to the matters referred to in subsection (2), and to no other matters, the Judge or nominated AAT member should issue a warrant authorising such communications to be intercepted;

the Judge or nominated AAT member may, in his or her discretion, issue such a warrant.

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.

             (2)  The matters to which the Judge or nominated AAT member must have regard are:

                     (a)  how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant:

                              (i)  communications made to or from any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; or

                             (ii)  communications made by means of a particular telecommunications device or particular telecommunications devices used, or likely to be used, by the person in respect of whom the warrant is sought;

                            as the case requires; and

                     (b)  the gravity of the conduct constituting the offence or offences being investigated; and

                     (c)  how much the information referred to in paragraph (1)(d) would be likely to assist in connection with the investigation by the agency of the offence or offences; and

                     (d)  to what extent methods (including the use of a warrant issued under section 46) of investigating the offence or offences that do not involve the use of a warrant issued under this section in relation to the person have been used by, or are available to, the agency; and

                     (e)  how much the use of such methods would be likely to assist in connection with the investigation by the agency of the offence or offences; and

                      (f)  how much the use of such methods would be likely to prejudice the investigation by the agency of the offence or offences, whether because of delay or for any other reason; and

                     (g)  in relation to an application by an interception agency of Queensland--any submissions made by the PIM under section 45 to the Judge or nominated AAT member.

             (3)  The Judge or nominated AAT member 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 agency 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.