TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987 NO. 329 TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987 NO. 329 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Warrants SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 1987 No. 329 TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Telecommunications (Interception) Regulations. 1987 No. 329 TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS - REG 2 Interpretation 2. In these Regulations: "the Act" means the Telecommunications (Interception) Act 1979. 1987 No. 329 TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS - REG 3 Warrants 3. (1) The form of warrant for the purposes of section 20A of the Act is the form in Schedule 1. (2) The form of warrant for the purposes of section 20B of the Act is the form in Schedule 2. (3) The form of warrant for the purposes of section 45 of the Act is the form in Schedule 3. (4) The form of warrant for the purposes of section 46 of the Act is the form in Schedule 4. (5) The form of warrant for the purposes of section 48 of the Act is the form in Schedule 5. 1987 No. 329 TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS - SCHEDULE 1 SCHEDULE 1 Subregulation 3 (1) COMMONWEALTH OF AUSTRALIA Telecommunications (Interception) Act 1979 WARRANT UNDER REGON 20A FOR INSPECTION OF TELEGRAMS TO: The Australian Telecommunications Commission. WHEREAS (full name and rank, if any, of applicant for warrant), a member of the Australian Federal Police within the meaning of the Telecommunications (Interception) Act 1979, has applied to me, an eligible Judge, for the issue of a warrant under Part IV of that Act in relation to the following person, namely (specify name of person and, if known, the address and occupation of that person): AND WHEREAS I,, am satisfied, by information on oath, that: (a) information that would be likely to be obtained by access under a warrant to telegrams lodged by or on behalf of, or addressed to or intended to be received by, the last-mentioned person (in this warrant called 'relevant telegrams'), would be likely to assist in connection with the investigation by the Australian Federal Police of the following class 1 * offence/ * offences/ in which that person is involved, namely (set out short particulars of the class 1 *offence/ *offences/); and (b) having regard to: (i) the extent to which methods of investigating the * offence/ * offences/ that do not involve access to telegrams have been used by, or are available to, the Australian Federal Police; (ii) how much of the information referred to in paragraph (a) would be likely to be obtained by such methods; and (iii) how much the use of such methods would be likely to prejudice the investigation by the Australian Federal Police of the * offence/ * offences/ whether because of a delay in obtaining some or all of that information or for any other reason; some or all of that information cannot appropriately be obtained by such methods: NOW THEREFORE I, pursuant to section 20A of the Telecommunications (Interception) Act 1979, hereby authorise the Australian Telecommunications Commission: (a) to inspect, and make copies of, relevant telegrams *lodged at (specify telegraph office) in Australia *addressed to, or intended to be received at (specify place) in Australia; and (b) to furnish the copies of those telegrams to the Commissioner of Police; AND this warrant shall be in force for the period of (specify a period of up to 90 days). Dated 19 . Judge * Omit if inapplicable 1987 No. 329 TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS - SCHEDULE 2 SCHEDULE 2 Subregulation 3 (2) COMMONWEALTH OF AUSTRALIA Telecommunications (Interception) Act 1979 WARRANT UNDER REGON 20B FOR INSPECTION OF TELEGRAMS TO: The Australian Telecommunications Commission. WHEREAS (full name and rank, if any, of applicant for warrant), a member of the Australian Federal Police within the meaning of the Telecommunications (Interception) Act 1979, has applied to me, an eligible Judge, for the issue of a warrant under Part IV of that Act in relation to the following person, namely (specify name of person and, if known, the address and occupation of that person): AND WHEREAS I,, am satisfied, by information on oath, that: (a) information that would be likely to be obtained by access under a warrant to telegrams lodged by or on behalf of, or addressed to or intended to be received by, the last-mentioned person (in this warrant called 'relevant telegrams'), would be likely to assist in connection with the investigation by the Australian Federal Police of the following class 2 * offence/ * offences/ in which that person is involved, namely (set out short particulars of the class 2 *offence/ *offences); and (b) having regard to: (i) how much the privacy of any person or persons would be likely to be interfered with by access, under a warrant, to relevant telegrams; (ii) the gravity of the conduct constituting the * offence/ * offences/ being investigated; (iii) how much the information referred to in paragraph (a) would be likely to assist in connection with the investigation by the Australian Federal Police of the * offence/ * offences/; (iv) to what extent methods of investigating the * offence/ * offences/ that do not involve access to telegrams have been used by, or are available to, the Australian Federal Police; (v) how much the use of such methods would be likely to assist in connection with the investigation by the agency of the * offence/ * offences/; and (vi) how much the use of such methods would be likely to prejudice the investigation by the Australian Federal Police of the * offence/ * offences/, whether because of delay or for any other reason; and to no other matters; I should issue a warrant under section 20B of the Telecommunications (Interception) Act 1979 in relation to that person: NOW THEREFORE I, pursuant to section 20B of the Telecommunications (Interception) Act 1979, hereby authorise the Australian Telecommunications Commission: (a) to inspect, and make copies of, relevant telegrams *lodged at (specify telegraph office) in Australia *addressed to, or intended to be received at (specify place) in Australia; and (b) to furnish the copies of those telegrams to the Commissioner of Police: AND this warrant shall be in force for the period of (specify a period of up to 90 days). Dated 19 . Judge * Omit if inapplicable ---------------- 1987 No. 329 TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS - SCHEDULE 3 SCHEDULE 3 Subregulation 3 (3) COMMONWEALTH OF AUSTRALIA Telecommunications (Interception) Act 1979 WARRANT UNDER REGON 45 FOR INTERCEPTION OF COMMUNICATIONS TO: Members of the Australian Federal Police in relation to whom an approval under subsection 55 (2) of the Telecommunications (Interception) Act 1979 is in force. WHEREAS application has been made to me, by (full name and rank, if any, of person) on behalf of (name of agency) for a warrant in respect of the following telecommunications service, namely (here give description and location of service): AND WHEREAS I,, an eligible Judge, am satisfied, on the basis of the information given to me under Part VI of the Telecommunications (Interception) Act 1979 in connection with the application, that: (a) Division 3 of that Part has been complied with in relation to the application; %(b) because of urgent circumstances, it was necessary to make the application by telephone; (c) there are reasonable grounds for suspecting that a particular person, namely (full name of person and, if known, the address and occupation of that person) is using, or is likely to use, the service; (d) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to assist in connection with the investigation by the agency that applied for this warrant of the following class 1 *offence/ *offences/, in which that person is involved, namely (set out short particulars of the class 1 *offence/ *offences/); and (e) having regard to: (i) the extent to which methods of investigating the *offence/ *offences/ that do not involve so intercepting communications have been used by, or are available to, that agency; (ii) how much of the information referred to in paragraph (d) would be likely to be obtained by such methods; and (iii) how much the use of such methods would be likely to prejudice the investigation by that agency of the *offence/ *offences/, whether because of a delay in obtaining some or all of that information or for any other reason; some or all of that information cannot appropriately be obtained by such methods: NOW THEREFORE I, pursuant to section 45 of the Telecommunications (Interception) Act 1979, hereby authorise members of the Australian Federal Police in relation to whom an approval under subsection 55 (2) of that Act is in force to intercept communications made to or from that service *subject to the following conditions or restrictions (here insert any conditions or restrictions specified in relation to interceptions under this warrant); AND this warrant shall be in force for the period of (specify a period of up to 90 days). Dated 19 . Judge * Omit word or words if inapplicable % Omit paragraph if inapplicable 1987 No. 329 TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS - SCHEDULE 4 SCHEDULE 4 Subregulation 3 (4) COMMONWEALTH OF AUSTRALIA Telecommunications (Interception) Act 1979 WARRANT UNDER REGON 46 FOR INTERCEPTION OF COMMUNICATIONS TO: Members of the Australian Federal Police in relation to whom an approval under subsection 55 (2) of the Telecommunications (Interception) Act 1979 is in force. WHEREAS application has been made to me, by (full name and rank, if any, of person) on behalf of (name of agency) for a warrant in respect of the following telecommunications service, namely (here give description and location of service): AND WHEREAS I,, an eligible judge, am satisfied, on the basis of the information given to me under Part VI of the Telecommunications (Interception) Act 1979 in connection with the application, that: (a) Division 3 of that Part has been complied with in relation to the application; %(b) because of urgent circumstances, it was necessary to make the application by telephone; (c) there are reasonable grounds for suspecting that a particular person, namely (full name of person and, if known, the address and occupation of that person) is using, or is likely to use, the service; (d) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to assist in connection with the investigation by the agency that applied for this warrant of the following class 2 * offence/* offences/, in which that person is involved, namely (set out short particulars of the class 2 * offence/* offences/); and (e) having regard to: (i) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from that service; (ii) the gravity of the conduct constituting the * offence/ * offences/ being investigated; (iii) how much the information referred to in paragraph (d) would be likely to assist in connection with the investigation by that agency of the * offence/ * offences/; (iv) to what extent methods of investigating the * offence/ * offences/ that do not involve intercepting communications have been used by, or are available to, that agency; (v) how much the use of such methods would be likely to assist in connection with the investigation by that agency of the * offence/ * offences/; and (vi) how much the use of such methods would be likely to prejudice the investigation by that agency of the * offence/ * offences/, whether because of delay or for any other reason; and to no other matters; I should issue a warrant authorising such communications to be intercepted: NOW THEREFORE I, pursuant to section 46 of the Telecommunications (Interception) Act 1979, hereby authorise members of the Australian Federal Police in relation to whom an approval under subsection 55 (2) of that Act is in force to intercept communications made to or from that service *subject to the following conditions or restrictions (here insert any conditions or restrictions specified in relation to interceptions under this warrant); AND this warrant shall be in force for the period of (specify a period of up to 90 days). Dated 19 . Judge * Omit word or words if inapplicable % Omit paragraph if inapplicable 1987 No. 329 TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS - SCHEDULE 5 SCHEDULE 5 Subregulation 3 (5) COMMONWEALTH OF AUSTRALIA Telecommunications (Interception) Act 1979 WARRANT UNDER REGON 48 FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS TO: Members of the Australian Federal Police in relation to whom an approval under subsection 55 (2) of the Telecommunications (Interception) Act 1979 is in force. WHEREAS: (a) (full name and rank, if any, of person) has applied on behalf of (specify agency) to me, , an eligible Judge, for a warrant in respect of the following telecommunications service, namely (give description and location of service); (b) that application includes a request that the warrant authorise entry on specified premises, namely (give description and location of premises); %(c) I am satisfied that an affidavit accompanying the application: (i) states why it is considered necessary for the warrant to authorise entry on those premises; (ii) sets out the number of previous applications (if any) for warrants that the agency that applied for this warrant has made and that requested authorisation of entry on those premises; and (iii) sets out the number of warrants (if any) previously issued on such application; (d) I am satisfied, on the basis of the information given to me under Part VI of the Telecommunications (Interception) Act 1979 in connection with the application, that: (i) Division 3 of that Part has been complied with in relation to the application; %(ii) because of urgent circumstances, it was necessary to make the application by telephone; (iii) there are reasonable grounds for suspecting that a particular person, namely (full name of person and, if known, the address and occupation of that person) is using or is likely to use, the service; and %(iv) (A) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to assist in connection with the investigation by the agency that applied for this warrant of the following class 1 * offence/ * offences/ in which the person is involved, namely (set out short particulars of the class 1 * offence/ * offences/); and (B) having regard to: % the extent to which methods of investigating the * offence/ * offences/ that do not involve so intercepting communications have been used by, or are available to, that agency; % how much of the information referred to in sub-subparagraph (A) would be likely to be obtained by such methods; and % how much the use of such methods would be likely to prejudice the investigation by that agency of the * offence/ * offences/, whether because of a delay in obtaining some or all of that information or for any other reason; some or all of that information cannot appropriately be obtained by such methods; and %(v) (A) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to assist in connection with the investigation by the agency that applied for this warrant of the following class 2 * offence/ * offences/ in which the person is involved, namely (set out short particulars of the class 2 * offence/ * offences/); and (B) having regard to: % how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from that service; % the gravity of the conduct constituting the offence or offence being investigated; % how much the information referred to in sub-subparagraph (A) would be likely to assist in connection with the investigation by that agency of the * offence/ * offences/; % to what extent methods of investigating the * offence/* offences/ that do not involve so intercepting communications have been used by, or are available to, that agency; % how much the use of such methods would be likely to assist in connection with the investigation by that agency of the * offence/ * offences/; and % how much the use of such methods would be likely to prejudice the investigation by that agency of the * offence/ * offences/, whether because of delay or for any other reason; and to no other matters; I should issue a warrant authorising such communications to be intercepted; and (e) I am satisfied, on the basis of the information given to me under Part VI of the Telecommunications (Interception) Act 1979 that: (i) for technical reasons connected with the operation of the service or of a telecommunications system of which the service forms a part; or (ii) because execution of the warrant as a result of action taken by officers of the Australian Telecommunications Commission might jeopardise the security of the investigation, by the agency that applied for this warrant, of a serious offence in which a person to whom the application relates is involved; it would be impracticable or inappropriate to intercept communications in respect of the service otherwise than by using equipment installed on those premises: NOW THEREFORE I, pursuant to section 48 of the Telecommunications (Interception) Act 1979, hereby authorise (a) entry on the following premises, namely (description of premises) during the hours of (or at any time of the day or night), for the purposes of installing, maintaining, using or recovering any equipment used to intercept such communications * without permission first being sought or demand first being made * and I hereby authorise the following measures that I am satisfied are necessary and reasonable for that purpose (here specify measures authorised to be taken); and (b) interceptions of such communications by the use of that equipment * subject to the following conditions or restrictions (here insert any conditions or restrictions specified in relation to interceptions under this warrant); by members of the Australian Federal Police in relation to whom an approval under subsection 55 (2) of that Act is in force; AND this warrant shall be in force for the period of (specify a period of up to 90 days). Dated 19 . Judge * Omit word or words if inapplicable % Omit paragraph if inapplicable - NOTES 1987 No. 329*1* TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 11 January 1988.