Document ID: chunk:federal_register_of_legislation:C2007C00643:clause:3_9
Version: federal_register_of_legislation:C2007C00643
Segment Type: clause
Provision Reference: sch 3 cl 9
Character Range: 103562–105885

9  Subsection 11B(1)
Repeal the subsection, substitute:

 (1) The Attorney‑General may, under his or her hand, issue a warrant in respect of a person if:
 (a) the Director‑General of Security gives a notice in writing to the Attorney‑General requesting the Attorney‑General to issue a warrant under this section authorising persons approved under section 12 in respect of the warrant to do acts or things referred to in subsection 9A(1A) in relation to:
 (i) communications that are being made to or from any telecommunications service that a person or foreign organisation is using, or is likely to use; or
 (ii) communications that are being made by means of a particular telecommunications device that a person or foreign organisation is using, or is likely to use;
  for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and
 (b) the Attorney‑General is satisfied, on the basis of advice received from the relevant Minister, that:
 (i) the obtaining of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth's international affairs; and
 (ii) it is necessary to intercept the communications of the person or foreign organisation in order to obtain the intelligence referred to in paragraph (a); and
 (iii) relying on a telecommunications service warrant to obtain the intelligence would be ineffective.

 (1A) The warrant authorises persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant:
 (a) communications that are being made to or from any telecommunications service that the person or foreign organisation is using, or is likely to use; or
 (b) communications that are being made by means of a telecommunications device, identified in the warrant, that the person or foreign organisation is using, or is likely to use.

Note: Subsection (3) restricts the issuing of a warrant authorising interception of communications made by means of a telecommunications device identified in the warrant.

 (1B) The warrant may authorise entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.