Document ID: chunk:federal_register_of_legislation:C2024C00749:section:48:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 48 (pt 1/2)
Character Range: 312911–315602

48  Issue of warrant for entry on premises
 (1) If an agency could apply for a warrant under section 46 (authorising interceptions of communications to or from a service), it may instead apply for a warrant under this section that also authorises entry on premises. The agency does so by including in the application that would otherwise have been made under section 46 a request that the warrant also authorise entry on specified premises.
Note 1 Only a Part 5.3 warrant agency may apply for a warrant under section 46 in the circumstances mentioned in subsection 46(4) or (7).
Note 2: Only a Part 9.10 warrant agency may apply for a warrant under section 46 in the circumstances mentioned in subsection 46(9) or (12).
 (2) Where a written application for a warrant includes a request that the warrant authorise entry on specified premises, an affidavit accompanying the application shall:
 (a) state why it is considered necessary for the warrant to authorise entry on those premises;
 (b) set out the number of previous applications (if any) for warrants that the agency has made and that requested authorisation of entry on those premises; and
 (c) set out the number of warrants (if any) previously issued on such application.
 (3) Where:
 (a) an agency applies under this section to an eligible Judge or nominated ART member for a warrant in respect of a telecommunications service; and
 (b) the Judge or nominated ART member is satisfied that subsection (2) has been complied with in relation to the application; and
 (c) section 46 would empower the Judge or nominated ART member to issue a warrant if the application had been made under either of those sections; and
 (ca) Division 3 has been complied with in relation to the application; and
 (d) 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:
 (i) for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part; or
 (ii) where, if the warrant were issued under section 46, communications to or from the telecommunications service would be intercepted while passing over a telecommunications system operated by a carrier—execution of the warrant as a result of action taken by employees of that carrier might jeopardise security of the investigation by the agency of a serious offence in which a person to whom the application relates is involved or, in the case of a warrant issued in the circumstances mentioned in subsection 46(4) or (9), might jeopardise the achievement of an objective for which the warrant was