Document ID: chunk:federal_register_of_legislation:C2004A04658:body:0:p6
Version: federal_register_of_legislation:C2004A04658
Segment Type: other
Provision Reference: 
Character Range: 13475–16067

done by an officer of an agency in relation to a communication if the following conditions are satisfied:

     (a) the person to whom the communication is directed has consented to the doing of the act; and

     (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:

            (i) done an act that has resulted, or may result, in loss of life or the infliction of serious personal injury; or

            (ii) threatened to kill or seriously injure another person or to cause serious damage to property; or

            (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety; and

        (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a Part VI warrant to be made.

     "(6) As soon as practicable after the doing of an act in relation to a communication under the provisions of subsection (4) or (5), an officer of the agency which is concerned with the communication shall cause an application for a Part VI warrant to be made in relation to the matter.

     "(7) Where after considering an application made in relation to a matter arising under subsections (4) or (5) and (6) a judge does not issue a warrant in relation to the application, the chief officer of the agency concerned shall ensure that no further action is taken by the agency to intercept the communication or to cause it to be intercepted.

     "(8) Subsections (4), (5), (6) and (7) only apply where the agency concerned is:

      (a) the Australian Federal Police; or

      (b) the Police Force of a State.

     "(9) If, apart from this subsection, the doing of an act referred to in subparagraph (4)(b)(ii) or (iii) or (5)(b)(ii) or (iii) would not constitute a class 1 offence or a class 2 offence in a particular case, it is to be taken to constitute a class 2 offence.

     "(10)  Subsection (9) has effect only to the extent necessary:

        (a) to enable an application to be made for the purposes of subsection (6); and

        (b) to enable a decision to be made on such an application and, if a Judge so decides, a Part VI warrant to be issued; and

        (c) to enable this Act to operate in relation to a Part VI warrant issued on such an application.

     "(11)  Nothing in this section limits the operation of subsection 6(2).".

  11. After section 17 of the Principal Act the following section is inserted in Part III:

Evidentiary