Document ID: chunk:federal_register_of_legislation:C2024C00749:section:49:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 49 (pt 1/2)
Character Range: 316625–319287

49  Form and content of warrant
 (1) A warrant shall be in accordance with the prescribed form and shall be signed by the Judge or nominated ART member who issues it.
 (2) A warrant may specify conditions or restrictions relating to interceptions under the warrant.
        (2A) Without limiting subsection (2), a named person warrant may state that the warrant does not authorise the interception of communications made to or from a specified telecommunications service.

Period of warrant
 (3) A warrant shall specify, as the period for which it is to be in force, a period of:
 (a) if subparagraph 46(1)(d)(ii), 46(4)(d)(ii) or 46(9)(d)(ii) applies—up to 45 days; or
 (b) otherwise—up to 90 days.
 (4) A Judge or nominated ART member shall not vary a warrant by extending the period for which it is to be in force.
 (5) Neither of subsections (3) and (4) prevents the issue of a further warrant in respect of a service, or a person, in respect of which a warrant has, or warrants have, previously been issued.
 (6) In subsection (5), warrant means a warrant issued under this Act.
 (6A) To avoid doubt, a warrant issued on the basis that a Part 5.3 supervisory order is in force remains in force for the period mentioned in subsection (3) even if the order ceases to be in force, provided that the order is replaced by a succeeding Part 5.3 supervisory order.
Note 1: If there is no succeeding Part 5.3 supervisory order, the warrant must be revoked (see section 57).
Note 2: A control order is not a succeeding Part 5.3 supervisory order in relation to an extended supervision order, and vice versa (see section 6U).
 (6B) To avoid doubt, a warrant issued on the basis that a community safety supervision order is in force remains in force for the period mentioned in subsection (3) even if the order ceases to be in force, provided that the order is replaced by a succeeding community safety supervision order.
Note: If there is no succeeding community safety supervision order, the warrant must be revoked (see section 57).

Particulars of serious offences
 (7) A warrant issued under subsection 46(1) or 46A(1), or issued under section 48 in the circumstances mentioned in subsection 46(1), shall set out short particulars of each serious offence in relation to which the Judge or nominated ART member issuing the warrant was satisfied, on the application for the warrant, as mentioned in:
 (a) in the case of a warrant under section 48—paragraph 46(1)(d); or
 (b) otherwise—paragraph 46(1)(d) or 46A(1)(d), as the case requires.

Content of warrants issued for Part 5.3 supervisory orders
 (8) A warrant issued for a Part 5.3 supervisory order that is in