Document ID: chunk:federal_register_of_legislation:C2024C00749:section:42
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 42
Character Range: 262209–264587

42  Affidavit to accompany written application
 (1) A written application by an agency for a warrant shall be accompanied by an affidavit complying with this section.
 (2) The affidavit shall set out the facts and other grounds on which the application is based.
 (3) The affidavit shall specify the period for which it is requested that the warrant be in force and shall state why it is considered necessary for the warrant to be in force for that period.
 (4) If the application is for a telecommunications service warrant, the affidavit shall set out, in relation to the service, and in relation to each person to whom the application relates, the following information, so far as it can be derived from the agency's records:
 (a) the number of previous applications (if any) for warrants that the agency has made and that related to the service or to that person, as the case may be;
 (b) the number of warrants (if any) previously issued on such applications; and
 (c) particulars of the use made by the agency of information obtained by interceptions under such warrants.
 (4A) If the application is for a named person warrant, the affidavit must set out:
 (a) the name or names by which the person is known; and
 (b) details (to the extent these are known to the chief officer) sufficient to identify the telecommunications services the person is using, or is likely to use; and
 (ba) if the warrant would authorise interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant—details (to the extent these are known to the chief officer) sufficient to identify the telecommunications device or telecommunications devices that the person is using, or is likely to use; and
 (c) the number of previous applications (if any) for warrants that the agency has made and that related to the person or to a service that the person has used; and
 (d) the number of warrants (if any) previously issued on such applications; and
 (e) particulars of the use made by the agency of information obtained by interceptions under such warrants.
 (5) Notwithstanding subsection (1), a written application may be accompanied by 2 or more affidavits that together set out each matter that, but for this subsection, this section would have required an affidavit accompanying the application to set out, specify or state.