Commonwealth Numbered Acts

TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 No. 114 of 1979 - SECT 19

19. (1) The Governor-General may make arrangements with the Governor of a
State for the performance by all or any of the persons who from time to time
hold office as Judges of the Supreme Court of that State of the functions of a
Judge under this Part.

(2) The Governor-General may make arrangements with the Administrator of the
Northern Territory for the performance by all or any of the persons who from
time to time hold office as Judges of the Supreme Court of that Territory and
are not also Judges of the Federal Court of Australia or of the Supreme Court
of the Australian Capital Territory of the functions of a Judge under this
Part. 

Issue of warrants for the Customs to intercept telecommunications
20. (1) Where, upon application being made to a Judge by an officer of Customs
for the issue of a warrant under this section in respect of a
telecommunications service, the Judge is satisfied, by information on oath,
that-

   (a)  there are reasonable grounds for suspecting that the
        telecommunications service is being, or is likely to be, used by a
        person who has committed, or is suspected on reasonable grounds of
        having committed, or of being likely to commit, a narcotics offence;
        and

   (b)  the interception by officers of Customs of communications made to or
        from the telecommunications service will, or is likely to, assist
        officers of Customs in, or in connection with-

        (i)    inquiries that are being made in relation to a
               narcotics offence that the person has committed or is
               reasonably suspected of having committed; or

        (ii)   if there are circumstances reasonably giving rise to the
               suspicion that the person is likely to commit a
               narcotics offence-inquiries that are being made in relation to
               the likely commission, by the person, of that offence, the
               Judge may, by warrant under his hand in accordance with the
               prescribed form, authorize persons approved under section 22 in
               respect of the warrant to intercept, subject to any conditions
               or restrictions that he sees fit to specify 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 purposes of installing, maintaining, using
               or recovering any equipment used to intercept such
               communications.

(2) A Judge may grant a warrant under sub-section (1) in respect of a
telecommunications service situated anywhere in Australia.

(3) Information furnished to a Judge for the purposes of sub-section (1)-

   (a)  may be given orally or otherwise; and

   (b)  shall include the facts and other grounds on which the applicant
        considers it necessary that the warrant should be issued.

(4) Where a warrant under this section authorizes entry on premises, the
warrant shall state whether entry is authorized to be made at any time of the
day or night or only during specified hours, and may, if the Judge thinks fit,
provide that entry may be made without permission first being sought or demand
first being made, and authorize measures that he is satisfied are necessary
for that purpose.

(5) A warrant under this section shall specify the period for which it is to
remain in force, being a period that does not exceed 6 months.

(6) Sub-section (5) shall not be construed as preventing the issue of a
further warrant in accordance with this section in respect of a
telecommunications service in respect of which a warrant has, or warrants
have, previously been issued.