Document ID: chunk:federal_register_of_legislation:C2004A00655:clause:2_9a
Version: federal_register_of_legislation:C2004A00655
Segment Type: clause
Provision Reference: sch 2 cl 9A
Character Range: 6006–8040

9A  Issue of named person warrants by Attorney‑General

 (1) Where, upon receipt by the Attorney‑General of a request by the Director‑General of Security for the issue of a warrant under this section in respect of a person, the Attorney‑General is satisfied that:
 (a) the person is engaged in, or reasonably suspected by the Director‑General of Security of being engaged in, or of being likely to engage in, activities prejudicial to security; and
 (b) the interception by the Organisation of communications made to or from telecommunications services used by the person will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relating to security; and
 (c) relying on a telecommunications service warrant to obtain the intelligence would be ineffective;
the Attorney‑General may, by warrant under his or her hand, authorise persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant, communications that are being made to or from any telecommunications service that the person is using, or is likely to use, and such a warrant may authorise entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.

 (2) A request by the Director‑General of Security for the issue of a warrant in respect of a person:
 (a) must include the name or names by which the person is known; and
 (b) must include details (to the extent these are known to the Director‑General of Security) sufficient to identify the telecommunications services the person is using, or is likely to use; and
 (c) must specify the facts and other grounds on which the Director‑General of Security considers it necessary that the warrant should be issued, including the grounds on which the Director‑General of Security suspects the person of being engaged in, or of being likely to engage in, activities prejudicial to security.