Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_339db:p2
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 339DB (pt 2/2)
Character Range: 531372–532560

a communication, or cause it to be intercepted; and
 (b) the action has ceased before it is practicable for an application for a warrant to be made.
 (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.
 (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.
Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.
 (9) Subsection (8) has effect only to the extent necessary:
 (a) to enable an application to be made for the purposes of subsection (5); and
 (b) to enable a decision to be made on such an application and, if a Judge so decides, a warrant to be issued; and
 (c) to enable this Act to operate in relation to a warrant issued on the application.