Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 9

Issue of telecommunications service warrants by Attorney-General

             (1)  Where, upon receipt by the Attorney-General of a request by the Director-General of Security for the issue of a warrant under this section in respect of a telecommunications service, the Attorney-General is satisfied that:

                     (a)  the telecommunications service is being or is likely to be:

                              (i)  used by a person engaged in, or reasonably suspected by the Director-General of Security of being engaged in, or of being likely to engage in, activities prejudicial to security; or

                            (ia)  the means by which a person receives or sends a communication from or to another person who is engaged in, or reasonably suspected by the Director-General of Security of being engaged in, or of being likely to engage in, such activities; or

                             (ii)  used for purposes prejudicial to security; and

                     (b)  the interception by the Organisation of communications made to or from the telecommunications service will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relating to security;

the Attorney-General may, by warrant under his or her hand, authorize persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant, communications that are being made to or from that service and such a warrant may authorize entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.

Note:          Subparagraph (a)(ia)--subsection (3) restricts the issuing of warrants if subparagraph (a)(ia) applies.

          (1A)  The reference in paragraph (1)(b) to the interception of communications made to or from a telecommunications service includes a reference to the accessing of the communications as stored communications after they have ceased to pass over a telecommunications system.

             (2)  A request by the Director-General of Security for the issue of a warrant in respect of a telecommunications service:

                     (a)  shall include a description of the service sufficient to identify it, including:

                              (i)  the name, address and occupation of the subscriber (if any) to the service; and

                             (ii)  the number (if any) allotted to the service by a carrier; and

                     (b)  shall specify the facts and other grounds on which the Director-General of Security considers it necessary that the warrant should be issued and, where relevant, the grounds on which the Director-General of Security suspects a person of being engaged in, or of being likely to engage in, activities prejudicial to security.

             (3)  The Attorney-General must not issue a warrant in a case in which subparagraph (1)(a)(ia) applies unless he or she is satisfied that:

                     (a)  the Organisation has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the other person referred to in subparagraph (1)(a)(ia); 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 possible.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback