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TELECOMMUNICATIONS (INTERCEPTION) WESTERN AUSTRALIA ACT 1996 - SECT 5

5 .         Other records to be kept by an eligible authority in connection with interceptions

        (1)         The chief officer of an eligible authority is to cause — 

            (a)         particulars of each telephone application for a Part VI warrant made by the authority;

            (b)         in relation to each application by the authority for a Part VI warrant, a statement as to whether — 

                  (i)         the application was withdrawn or refused; or

                  (ii)         a warrant was issued on the application;

            (ba)         in relation to each Part VI warrant whose authority is exercised by the authority, particulars of —

                  (i)         the warrant;

                  (ii)         the day on which, and the time at which, each interception under the warrant began;

                  (iii)         the duration of each such interception;

                  (iv)         the name of the person who carried out each such interception; and

                  (v)         in relation to a named person warrant —each service to or from which communications have been intercepted under the warrant;

            (c)         in relation to each restricted record that has at any time been in the possession of the authority, particulars of — 

                  (i)         if the restricted record is a record obtained by an interception under a warrant issued to the authority, that warrant;

                  (ii)         each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the authority;

                  (iii)         each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the authority; and

                  (iv)         each agency or other body (if any) from or to which, or other person (if any) from or to whom, the authority received or supplied the restricted record;

            (d)         particulars of each use made by the authority of lawfully obtained information;

            (e)         particulars of each communication of lawfully obtained information by an officer of the authority to a person or body other than such an officer; and

            (f)         particulars of each occasion when, to the knowledge of an officer of the authority, lawfully obtained information was given in evidence in a relevant proceeding in relation to the authority,

                to be recorded in writing or electronically as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.

        (1a)         If a Part VI warrant is a named person warrant, the particulars referred to in subsection (1)(ba)(ii) must indicate the service in respect of which each interception occurred.

        (2)         The chief officer of an eligible authority is to cause to be kept in the authority’s records each record that the chief officer has caused to be made under this section.

        [Section 5 amended by No. 1 of 2000 s. 9(1); No. 78 of 2003 s. 74(1).]



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