Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_99:p1
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 99 (pt 1/4)
Character Range: 164334–167113

99  After subsection 46A(2D)
Insert:

Warrant for community safety supervision order
 (2E) If a Part 9.10 warrant agency applies to an eligible Judge or nominated AAT member for a warrant in respect of a person and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member under this Part in connection with the application, that:
 (a) Division 3 has been complied with in relation to the application; and
 (b) in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and
 (c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, more than one telecommunications service; and
 (d) a community safety supervision order is in force in relation to the person; and
 (e) information that would be likely to be obtained by intercepting under a warrant:
 (i) communications made to or from any telecommunications service that the person is using, or is likely to use; or
 (ii) communications made by means of a particular telecommunications device or particular telecommunications devices that the person is using, or is likely to use;
  would be likely to substantially assist in connection with:
 (iii) achieving a Part 9.10 object; or
 (iv) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and
 (f) having regard to the matters referred to in subsection (2F), and to no other matters, the Judge or nominated AAT member should issue a warrant authorising such communications to be intercepted;
the Judge or nominated AAT member may, in the Judge or member's discretion, issue such a warrant.
Note 1: Subsection (3) restricts the issuing of a warrant authorising interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant.
Note 2: For community safety supervision orders that have been made but not come into force, see section 6UA.
 (2F) For the purposes of subsection (2E), the matters to which the Judge or nominated AAT member must have regard are:
 (a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant:
 (i) communications made to or from any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; or
 (ii) communications made by means of a particular telecommunications device or particular telecommunications devices used, or likely to be used, by the person in respect of whom the warrant is sought;
  as the case requires; and
 (b) how much the information referred to in paragraph (2E)(e) would