Document ID: chunk:federal_register_of_legislation:C2024C00749:section:94a
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 94A
Character Range: 434202–436280

94A  Reports regarding emergency interception action
 (1) The chief officer of an agency referred to in subsection 7(8) must give to the Minister a written report concerning:
 (a) an emergency interception action taken by an officer of the agency that, because of the operation of subsection 7(6A), took place without a warrant under Part 2‑5; and
 (b) an emergency interception action taken by an officer of the agency in respect of which an application for a warrant was made under Part 2‑5 and refused.
 (2) The chief officer of the agency must give the report within 3 months after:
 (a) in the case set out in paragraph (1)(a)—the date on which the action ceased; and
 (b) in the case set out in paragraph (1)(b)—the date on which the application was refused.
 (3) The report must contain the following information:
 (a) if an interception occurred:
 (i) the date and time at which the interception began; and
 (ii) the duration of the interception;
 (b) if there was no interception but action had been taken to cause a communication to be intercepted—details of the action taken;
 (c) the circumstances that led the officer concerned to believe that the conditions of subsection 7(4) or (5) were satisfied;
 (d) in the case set out in paragraph (1)(a)—the reasons it was not practicable to apply for a warrant under Part 2‑5 in relation to the action;
 (e) in the case set out in paragraph (1)(b)—the reasons the judge or nominated ART member refused the application if the reasons are known;
 (f) information about the use made by the agency of information obtained by the interception;
 (g) information about the communication of such information to persons other than officers of the agency;
 (h) the number of arrests that have been, or are likely to be, made on the basis of such information;
 (i) an assessment of the usefulness of information obtained by the interception.
 (4) In this section:
emergency interception action means an interception done under subsection 7(4) or (5) or action taken under one of those subsections to cause an interception to occur.