Document ID: chunk:federal_register_of_legislation:C2024C00749:section:46:p3
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 46 (pt 3/9)
Character Range: 274479–277136

to the matters referred to in subsection (5), 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 his or her discretion, issue such a warrant.
Note 1: Subsection (6) restricts the issuing of warrants if subparagraph (d)(ii) applies.
Note 2: For Part 5.3 supervisory orders that have been made but not come into force, see section 6T.
 (5) For the purposes of subsection (4), the matters to which the Judge or nominated ART member must have regard are:
 (a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from the service referred to in subsection (4); and
 (b) how much the information referred to in paragraph (4)(e) would be likely to assist in connection with:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and
 (c) to what extent methods for:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
  that do not involve so intercepting communications have been used by, or are available to, the agency; and
 (d) how much the use of such methods would be likely to assist in connection with:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and
 (e) how much the use of such methods would be likely to prejudice:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 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 made to or from the service referred to in subsection (4) 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 control 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