Document ID: chunk:federal_register_of_legislation:C2004A04991:body:0:p3
Version: federal_register_of_legislation:C2004A04991
Segment Type: other
Provision Reference: 
Character Range: 5057–7811

a State.".

3. Application

The amendments made by this Part apply to offences committed before or after the commencement of this item.

PART 2—SPECIAL REGISTER OF WARRANTS

Division 1—Special Register of Warrants

4. Subsection 5(1) (definition of "Register"):

Omit the definition.

5. Subsection 5(1):

Insert:

" 'General Register' means the General Register of Warrants kept under section 81A;

'Special Register' means the Special Register of Warrants kept under section 81C;".

6. After section 81B:

Insert:

Special Register of Warrants

Special Register of Warrants

"81C.( 1) The Commissioner of Police is to cause a Special Register of Warrants to be kept.

SCHEDULE 1—continued

Contents of Register

"(2) The Commissioner of Police is to cause to be recorded in the Special Register the following particulars in relation to each registrable expired warrant:

(a) the date of issue of the warrant;

(b) the Judge who issued the warrant;

(c) the agency to which the warrant was issued;

(d) the telecommunications service to which the warrant related;

    (e) the name of the person specified in the warrant as a person using or likely to use the telecommunications service;

(f) the period for which the warrant was in force;

   (g) each serious offence in relation to which the Judge who issued the warrant was satisfied, on the application for the warrant, as mentioned in paragraph 45(d) or paragraph 46(1)(d), as the case may be.

Note: 'Registrable expired warrant' is denned by subsections (3) and (4).

Registrable expired warrant—original warrant renewed

"(3) For the purposes of this section, if:

(a) a warrant was issued under section 45,46 or 48; and

(b) the warrant was an original warrant; and

(c) there were one or more renewals of the warrant; and

   (d) at the end of the period of 3 months after the time (the 'cessation time') when the last renewal of the warrant ceased to be in force, no criminal proceedings had been instituted, or were likely to be instituted, against a person on the basis of information obtained as a result of intercepting a communication under:

    (i) the warrant; or

   (ii) a renewal of the warrant; and

   (e) the cessation time is after the commencement of this section;

the warrant, and each renewal of the warrant, becomes a registrable expired warrant at the end of that period.

Registrable expired warrant—original warrant not renewed

"(4) For the purposes of this section, if:

(a) a warrant was issued under section 45, 46 or 48; and

(b) the warrant was an original warrant; and

(c) no renewal of the warrant was issued; and

SCHEDULE 1—continued

   (d) at the end of the period of 3 months after the time (the 'cessation time') when the warrant ceased to be in force,