Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_30:p4
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 30 (pt 4/5)
Character Range: 793642–796467

Judge or nominated ART member; and
 (ix)  such other matters (if any) as the eligible Judge or nominated ART member considers relevant;
 (b) in the case of an application for an international production order that is in respect of one or more individual message/call application services:
 (i) how much the privacy of any person or persons would be likely to be interfered with by intercepting, under an international production order, messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services; and
 (ii) the gravity of the conduct constituting the serious category 2 offence or serious category 2 offences being investigated; and
 (iii) how much the information mentioned in paragraph (2)(h) would be likely to assist in connection with the investigation by the interception agency of the serious category 2 offence or serious category 2 offences; and
 (iv) to what extent methods of investigating the serious category 2 offence or serious category 2 offences that do not involve so intercepting messages, voice calls or video calls have been used by, or are available to, the interception agency; and
 (v) how much the use of such methods would be likely to assist in connection with the investigation by the interception agency of the serious category 2 offence or serious category 2 offences; and
 (vi) how much the use of such methods would be likely to prejudice the investigation by the interception agency of the serious category 2 offence or serious category 2 offences, whether because of delay or for any other reason; and
 (vii) in relation to an application by an interception agency of Victoria—any submissions made by a Victorian PIM under clause 28 to the eligible Judge or nominated ART member; and
 (viii) in relation to an application by an interception agency of Queensland—any submissions made by a Queensland PIM under clause 29 to the eligible Judge or nominated ART member; and
 (ix)  such other matters (if any) as the eligible Judge or nominated ART member considers relevant.

Restriction on issuing order
 (6) The eligible Judge or nominated ART member must not issue an international production order under subclause (2) in a case where subparagraph (2)(g)(ii) applies unless the eligible Judge or nominated ART member is satisfied that:
 (a) the interception agency has exhausted all other practicable methods of identifying the individual transmission services used, or likely to be used, by the person involved in the serious category 2 offence or serious category 2 offences mentioned in paragraph (2)(g); or
 (b) interception of communications carried by individual transmission services used or likely to be used by that person would not otherwise be possible.
 (7) The eligible Judge or nominated ART