TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 60 Notification to authorised representative of carrier of issue or revocation of certain warrants

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 60

  (1)   Where:

  (a)   a warrant (other than a warrant issued under section   48) is issued to an agency; and

  (b)   it is proposed, under the warrant, to intercept communications to or from a telecommunications service while they are passing over a telecommunications system operated by a carrier;

a certifying officer of the agency shall cause;

  (c)   an authorised representative of that carrier to be informed immediately of the issue of the warrant; and

  (d)   a copy of the warrant, certified in writing by a certifying officer of the agency to be a true copy of the warrant, to be given as soon as practicable to that authorised representative.

  (3)   Where:

  (a)   an authorised representative of a carrier has been informed, under subsection   (1), of the issue of a warrant; and

  (b)   the warrant is revoked;

a certifying officer of the agency to which the warrant was issued shall cause:

  (c)   that authorised representative to be informed immediately of the revocation; and

  (d)   a copy of the instrument of revocation, certified in writing by a certifying officer of the agency to be a true copy of the instrument, to be given as soon as practicable to that authorised representative.

  (4)   Where:

  (a)   an authorised representative of a carrier has been informed, under subsection   (1), of the issue of a named person warrant; and

  (aa)   the warrant is not a warrant that authorises interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

  (b)   it is proposed, under the warrant, to intercept communications made to or from a telecommunications service operated by a carrier; and

  (c)   the service was not identified in the warrant;

a certifying officer of the agency must cause that authorised representative to be given, as soon as practicable, a description in writing of the service sufficient to identify it.

  (4A)   Where:

  (a)   an authorised representative of a carrier has been informed, under subsection   (1), of the issue of a named person warrant; and

  (b)   the warrant is a warrant that authorises interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

  (c)   it is proposed, under the warrant, to intercept, by means of a telecommunications device, communications made to or from a telecommunications service operated by the carrier; and

  (d)   the device was not identified in the warrant;

a certifying officer of the agency must cause that authorised representative to be given, as soon as practicable, a description in writing of the device sufficient to identify it.

  (5)   Where:

  (a)   an authorised representative of a carrier has been informed, under subsection   (1) of the issue of a named person warrant; and

  (b)   a certifying officer of that agency is satisfied that the interception of communications made to or from a particular service, or by means of a particular device or particular devices, is no longer required;

the certifying officer must cause:

  (c)   that authorised representative to be informed immediately of the fact; and

  (d)   confirmation in writing of the fact to be given as soon as practicable to that authorised representative.