Document ID: chunk:federal_register_of_legislation:C2024C00749:section:46a:p4
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 46A (pt 4/10)
Character Range: 297344–300066

5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
  whether because of delay or for any other reason; and
 (f) whether intercepting under a warrant communications referred to in paragraph (a) of this subsection would be the method that is likely to have the least interference with any person's privacy; and
 (g) in relation to a Part 5.3 supervisory order that is a control order—the possibility that the person in relation to whom the order is in force:
 (i) has engaged, is engaging, or will engage, in a terrorist act; or
 (ii) has provided, is providing, or will provide, support for a terrorist act; or
 (iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or
 (iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or
 (v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; and
 (ga) in relation to a Part 5.3 supervisory order that is an extended supervision order or interim supervision order—the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious Part 5.3 offence; and
 (gb) in relation to any Part 5.3 supervisory order—the possibility that the person in relation to whom the order is in force:
 (i) has contravened, is contravening, or will contravene, the Part 5.3 supervisory order; or
 (ii) will contravene a succeeding Part 5.3 supervisory order; and
 (h) in relation to an application by an interception agency of Victoria—any submissions made by the Victorian PIM under section 44A to the Judge or nominated ART member; and
 (i) in relation to an application by an interception agency of Queensland—any submissions made by the Queensland PIM under section 45 to the Judge or nominated ART member.

Warrant sought for post‑sentence order application
 (2C) If a Part 5.3 warrant agency applies to an eligible Judge or nominated ART member for a warrant in respect of a person and 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:
 (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) the person is a terrorist offender in relation to whom an application for a post‑sentence order