Document ID: chunk:federal_register_of_legislation:C2024C00749:section:46:p4
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 46 (pt 4/9)
Character Range: 276883–279616

provided, is providing, or will provide, support for a terrorist act; or
 (iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or
 (iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or
 (v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; and
 (ga) in relation to a Part 5.3 supervisory order that is an extended supervision order or interim supervision order—the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious Part 5.3 offence; and
 (gb) in relation to any Part 5.3 supervisory order—the possibility that the person in relation to whom the order is in force:
 (i) has contravened, is contravening or will contravene the Part 5.3 supervisory order; or
 (ii) will contravene a succeeding Part 5.3 supervisory order; and
 (h) in relation to an application by an interception agency of Victoria—any submissions made by the Victorian PIM under section 44A to the Judge or nominated ART member; and
 (i) in relation to an application by an interception agency of Queensland—any submissions made by the Queensland PIM under section 45 to the Judge or nominated ART member.
 (6) The Judge or nominated ART member must not issue a warrant in a case in which subparagraph (4)(d)(ii) applies unless he or she is satisfied that:
 (a) the agency has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the person to whom the Part 5.3 supervisory order referred to in subparagraph (4)(d)(ii) relates; or
 (b) interception of communications made to or from a telecommunications service used or likely to be used by that person would not otherwise be possible.

Warrant sought for post‑sentence order application
 (7) If a Part 5.3 warrant agency applies to an eligible Judge or nominated ART member for a warrant in respect of a telecommunications service and the Judge or nominated ART member is satisfied, on the basis of the information given to the Judge or nominated ART 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, the service; and
 (d) the person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and
 (e) the person is detained in custody in a prison;