Document ID: chunk:federal_register_of_legislation:C2024C00749:section:46a:p8
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 46A (pt 8/10)
Character Range: 307280–309971

order is in force has committed, is committing, or will commit a serious violent or sexual offence; and
 (h) the possibility that the person in relation to whom the order is in force:
 (i) has contravened, is contravening, or will contravene, the community safety supervision order; or
 (ii) will contravene a succeeding community safety supervision order; and
 (i) 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
 (j) 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 Part 9.10 order application
 (2G) If a Part 9.10 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 serious offender in relation to whom an application for a Part 9.10 order could be made; and
 (e) there are reasonable grounds to suspect that there is an appreciable risk of the person committing a serious violent or sexual offence; and
 (f) consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and
 (g) information that would be likely to be obtained by intercepting under a warrant:
 (i) communications made to or from any telecommunications service that the person is using, or is likely to use; or
 (ii) communications made by means of a particular telecommunications device or particular telecommunications devices that the person is using, or is likely to use;
  would be likely to assist in determining whether to apply for the Part 9.10 order; and
 (h) having regard to the matters referred to in subsection (2H), and to no other matters, the Judge or nominated ART member should issue a warrant authorising such communications to be intercepted;
the Judge or nominated ART member may, in the Judge's or member's discretion, issue such a warrant.
 (2H) For the