Document ID: chunk:federal_register_of_legislation:F2024C01110:clause:1_1:p1
Version: federal_register_of_legislation:F2024C01110
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/2)
Character Range: 140156–142988

1  Authorisation
 (1) I, [name], *an eligible Judge/*a nominated ART member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 48 of the Act, authorise:
 (a) entry on the premises mentioned above in order to install, maintain, use or recover equipment or a line used in the interception of communications being made to or from the telecommunications service mentioned above; and
 (b) interceptions of such communications by the use of that equipment or line.
 (2) This warrant authorises:
 (a) entry on the premises:
 (i) *at any time of the day or night/*during the hours of [specify hours during which entry on the premises is authorised], for the purposes mentioned in paragraph (1)(a); and
 *(ii) without permission first being sought or demand first being made; and
 *(b) the following measures, that I am satisfied are necessary and reasonable for those purposes:
  [specify measures authorised to be taken].
 (3) I am satisfied:
 (a) that subsection 48(2) of the Act has been complied with in relation to the application for this warrant; and
 (b) on the basis of the information given to me by the applicant agency, that:
 (i) subsection 46(1) of the Act would empower me to issue a warrant if the application had been made under section 46 of the Act; and
 (ii) Division 3 of Part 2‑5 of the Act has been complied with in relation to this application; and
 *(iia) because of urgent circumstances, it was necessary to make the application by telephone; and
 (iib) there are reasonable grounds for suspecting that the particular *person/*persons mentioned above *is/*are using, or *is/*are likely to use, the service; and
 (iii) information that would be likely to be obtained by intercepting, under a warrant, communications made to or from the service, would be likely to assist in connection with the investigation by the applicant agency of the following *serious offence/*serious offences, in which
  *the particular person mentioned above is involved:
  *another person is involved, with whom the particular person mentioned above is likely to communicate using the service:
  [short particulars of the serious offence or serious offences]; and
 (c) on the basis of the information given to me by the applicant agency, that it would be impracticable or inappropriate to intercept communications under a warrant in respect of the service otherwise than by the use of equipment or a line installed on those premises:
  *for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.
  *because, if the warrant were issued under section 46, communications to or from the telecommunications service would be intercepted while passing over a telecommunications system and execution