Document ID: chunk:federal_register_of_legislation:C2024C00749:section:7:p3
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 7 (pt 3/4)
Character Range: 191372–193887

agency in relation to a communication if the following conditions are satisfied:
 (a) the person to whom the communication is directed has consented to the doing of the act; and
 (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:
 (i) done an act that has resulted, or may result, in loss of life or the infliction of serious personal injury; or
 (ii) threatened to kill or seriously injure another person or to cause serious damage to property; or
 (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety; and
 (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a Part 2‑5 warrant to be made.
 (6) As soon as practicable after the doing of an act in relation to a communication under the provisions of subsection (4) or (5), an officer of the agency which is concerned with the communication shall cause an application for a Part 2‑5 warrant to be made in relation to the matter.
 (6A) Subsection (6) does not apply if action has been taken under subsection (4) or (5) to intercept a communication, or cause it to be intercepted, and the action has ceased before it is practicable for an application for a Part 2‑5 warrant to be made.
 (7) Where after considering an application made in relation to a matter arising under subsections (4) or (5) and (6) a Judge or nominated ART member does not issue a warrant in relation to the application, the chief officer of the agency concerned shall ensure that no further action is taken by the agency to intercept the communication or to cause it to be intercepted.
 (8) Subsections (4), (5), (6) and (7) only apply where the agency concerned is:
 (a) the Australian Federal Police; or
 (b) the Police Force of a State.
 (9) The doing of an act mentioned in subparagraph (4)(b)(ii) or (iii) or (5)(b)(ii) or (iii) in a particular case is taken to constitute a serious offence, even if it would not constitute a serious offence apart from this subsection.
Note: See subsection (6). A Part 2‑5 warrant can only be issued for:
(a) the purposes of an investigation relating to the commission of one or more serious offences; or
(b) purposes relating to a Part 5.3 supervisory order or an application for a post‑sentence order; or
(c) purposes relating to a community safety supervision order or an application for a Part 9.10