Document ID: chunk:federal_register_of_legislation:C2004A04991:body:0:p10
Version: federal_register_of_legislation:C2004A04991
Segment Type: other
Provision Reference: 
Character Range: 23520–26277

in a proceeding only to the extent that section 63AA, 74, 76 or 76A permits a person to give designated warrant information in evidence in that proceeding.

"(4) For the purpose of determining the extent (if any) to which section 63AA, 74, 76 or 76A permits a person to give designated warrant information in evidence in a proceeding:

(a) a person may:

    (i) communicate the information to another person; or

(ii) make use of the information; or

(iii) make a record of the information; or

(iv) give the information in evidence in the proceeding; and

(b) the information is admissible in evidence in the proceeding.".

34. Application

The amendments made by this Part apply in relation to a warrant issued before or after the commencement of this item.

PART 5—REPORTING OBLIGATIONS

Division 1—Reports to the Minister

35. Subsection 94(2):

Omit the subsection, substitute:

"(2) The chief officer of a Commonwealth agency must give to the Minister, within 3 months after a warrant issued to the agency ceases to be in force, a written report containing:

(a) information about:

    (i) the use made by the agency of information obtained by interceptions under the warrant; and

(ii) the communication of such information to persons other than officers of the agency; and

SCHEDULE 1—continued

       (iii) the number of arrests that have been, or are likely to be, made on the basis of such information; and

(b) an assessment of the usefulness of information obtained by interceptions under the warrant.".

36. Application

The amendment made by this Division applies to a warrant that ceases to be in force after the commencement of this item.

Division 2—Reports by the Minister

37. Section 102:

Add at the end:

"(3) The report is to set out, for:

(a) each Commonwealth agency; and

   (b) each eligible authority of a State, where the eligible authority was an agency at any time during the year to which the report relates;

the percentage worked out using the formula:

where:

'Eligible warrants' means the number of warrants that satisfy the following conditions:

(a) the warrant was issued to the agency or authority, as the case requires;

(b) the warrant was in force during the year to which the report relates;

   (c) a prosecution was instituted, or was likely to be instituted, on the basis of information obtained by interceptions under:

    (i) the warrant; or

(ii) if the warrant was a renewal of an original warrant:

        (A) the original warrant; or

        (B) any other renewal of the original warrant; or

(iii) if the warrant was an original warrant—any renewal of the original warrant;

'Total warrants' means the number of warrants that were:

(a) issued to the agency or authority, as the case requires;