Document ID: chunk:federal_register_of_legislation:F2024C01110:clause:1_1
Version: federal_register_of_legislation:F2024C01110
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 172476–174867

1  Authorisation
 (1) I, [name], an issuing authority within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 116 of the Act, authorise the accessing of any stored communication:
 (a) that was made by the person mentioned above, or that another person has made and for which the intended recipient is the person mentioned above; and
 (b) that becomes, or became, a stored communication before the warrant is first executed in relation to the carrier that holds the communication.
 (2) I am satisfied, on the basis of the information given to me under Part 3‑3 of the Act in connection with the application for this warrant, that:
 (a) Division 1 of Part 3‑3 of the Act has been complied with in relation to the application for this warrant; and
 *(b) because of urgent circumstances, it was necessary to make the application by telephone; and
 (c) there are reasonable grounds for suspecting that *a particular carrier holds/*particular carriers hold stored communications:
 (i) that the person mentioned above has made; or
 (ii) that another person has made and for which the person mentioned above is the intended recipient; and
 (d) information that would be likely to be obtained by accessing those stored communications under a stored communications warrant would be likely to assist in connection with the investigation, investigative proceeding, or proceeding by [name of entity to which the application relates], of the following *serious foreign contravention/*serious foreign contraventions in which the person mentioned above is involved:
  [short particulars of each serious foreign contravention]; and
 (e) the warrant should be issued having regard to the following matters only:
 (i) how much the privacy of any person or persons would be likely to be interfered with by accessing those stored communications under a stored communications warrant;
 (ii) the gravity of the conduct constituting each serious foreign contravention;
 (iii) how much the information referred to in paragraph (d) would be likely to assist in connection with the investigation, investigative proceeding, or proceeding by [name of entity to which the application relates], of each serious foreign contravention, to the extent that this is possible to determine from information obtained from [name of entity to which the application relates].