Document ID: chunk:federal_register_of_legislation:C2004A00655:clause:2_45a
Version: federal_register_of_legislation:C2004A00655
Segment Type: clause
Provision Reference: sch 2 cl 45A
Character Range: 21032–23157

45A  Issue of named person warrant in relation to class 1 offence

  Where an agency applies to an eligible Judge or nominated AAT member for a warrant in respect of a person and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT 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, more than one telecommunications service; and
 (d) information that would be likely to be obtained by intercepting under a warrant communications made to or from any telecommunications service that the person is using, or is likely to use, would be likely to assist in connection with the investigation by the agency of a class 1 offence, or class 1 offences, in which the person is involved; and
 (e) having regard to:
 (i) the extent to which methods (including the use of a warrant issued under section 45) of investigating the offence or offences that do not involve the use of a warrant issued under this section in relation to the person have been used by, or are available to, the agency; and
 (ii) how much of the information referred to in paragraph (d) would be likely to be obtained by such methods; and
 (iii) how much the use of such methods would be likely to prejudice the investigation by the agency of the offence or offences, whether because of a delay in obtaining some or all of that information or for any other reason;
  some or all of that information cannot appropriately be obtained by such methods;
the Judge or nominated AAT member may, in his or her discretion, issue a warrant authorising interceptions of communications made to or from any telecommunications service that the person is using, or is likely to use.

Note: The heading to section 45 is altered by inserting "telecommunications service" before "warrant".