TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 48 Issue of warrant for entry on premises

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 48

  (1)   If an agency could apply for a warrant under section   46 (authorising interceptions of communications to or from a service), it may instead apply for a warrant under this section that also authorises entry on premises. The agency does so by including in the application that would otherwise have been made under section   46 a request that the warrant also authorise entry on specified premises.

Note 1   Only a Part   5.3 warrant agency may apply for a warrant under section   46 in the circumstances mentioned in subsection   46(4) or (7).

Note 2:   Only a Part   9.10 warrant agency may apply for a warrant under section   46 in the circumstances mentioned in subsection   46(9) or (12).

  (2)   Where a written application for a warrant includes a request that the warrant authorise entry on specified premises, an affidavit accompanying the application shall:

  (a)   state why it is considered necessary for the warrant to authorise entry on those premises;

  (b)   set out the number of previous applications (if any) for warrants that the agency has made and that requested authorisation of entry on those premises; and

  (c)   set out the number of warrants (if any) previously issued on such application.

  (3)   Where:

  (a)   an agency applies under this section to an eligible Judge or nominated AAT member for a warrant in respect of a telecommunications service; and

  (b)   the Judge or nominated AAT member is satisfied that subsection   (2) has been complied with in relation to the application; and

  (c)   section   46 would empower the Judge or nominated AAT member to issue a warrant if the application had been made under either of those sections; and

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

  (d)   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:

  (i)   for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part; or

  (ii)   where, if the warrant were issued under section   46, communications to or from the telecommunications service would be intercepted while passing over a telecommunications system operated by a carrier--execution of the warrant as a result of action taken by employees of that carrier might jeopardise security of the investigation by the agency of a serious offence in which a person to whom the application relates is involved or, in the case of a warrant issued in the circumstances mentioned in subsection   46(4) or (9), might jeopardise the achievement of an objective for which the warrant was issued;

    it would be impracticable or inappropriate to intercept communications under a warrant in respect of the service otherwise than by the use of equipment or a line installed on those premises;

subsections   (4) and (5) apply.

  (4)   The Judge or nominated AAT member may issue a warrant under this section authorising:

  (a)   entry on those premises in order to install, maintain, use or recover equipment or a line used in the interception of communications being made to or from the service; and

  (b)   interceptions of such communications by the use of that equipment or line.

  (5)   If the Judge or nominated AAT member issues such a warrant:

  (a)   the warrant shall state whether entry is authorised to be made at any time of the day or night or only during specified hours; and

  (b)   the warrant may provide that entry may be made without permission first being sought or demand first being made, and authorise measures that the Judge or nominated AAT member is satisfied are necessary and reasonable for that purpose.