Document ID: chunk:federal_register_of_legislation:C2009A00032:clause:1_45
Version: federal_register_of_legislation:C2009A00032
Segment Type: clause
Provision Reference: sch 1 cl 45
Character Range: 4432–5879

45  Application by interception agency of Queensland

Scope
 (1) This section applies if an interception agency of Queensland applies, under section 39, to an eligible Judge or nominated AAT member for a warrant in respect of a telecommunications service or a person.

PIM may make submissions
 (2) The PIM may, orally or in writing, make submissions to the Judge or nominated AAT member about the following matters:
 (a) in relation to an application for a warrant in respect of a telecommunications service—the matters mentioned in paragraphs 46(2)(a) to (f);
 (b) in relation to an application for a warrant in respect of a person—the matters mentioned in paragraphs 46A(2)(a) to (f).

PIM may question certain persons
 (3) The PIM may, for the purpose of making submissions under subsection (2), question:
 (a) the person making the application for the warrant on the interception agency's behalf; or
 (b) a person who, under section 44, is required by the Judge or nominated AAT member to give further information to the Judge or nominated AAT member in connection with the application.
However, the PIM may only do so in the presence of the eligible Judge or nominated AAT member.

PIM may delegate powers
 (4) The PIM may delegate to a deputy PIM the PIM's power under subsection (2) or (3), or both. The delegation must be in writing.
 (5) In exercising powers under a delegation, a deputy PIM must comply with any directions of the PIM.