Document ID: chunk:federal_register_of_legislation:C2024C00749:section:39
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 39
Character Range: 258992–261313

39  Agency may apply for warrant
 (1) An agency may apply for a warrant in respect of a telecommunications service or a person to:
 (a) for an application made by the National Anti‑Corruption Commission—an eligible Judge; or
 (b) otherwise—an eligible Judge or a nominated ART member.
 (2) An application for a warrant shall be made on an agency's behalf by:
 (a) in the case of the Australian Federal Police—a member of the Australian Federal Police; or
 (aa) in the case of the National Anti‑Corruption Commission:
 (i) the National Anti‑Corruption Commissioner; or
 (ii) a National Anti‑Corruption Deputy Commissioner; or
 (iii) a staff member of the National Anti‑Corruption Commission who is authorised in writing by the National Anti‑Corruption Commissioner for the purposes of this paragraph; or
 (b) in the case of the ACC:
 (i) the Chief Executive Officer of the ACC or an examiner; or
 (ii) a member of a police force who is a member of the staff of the ACC; or
 (c) in the case of the Police Force of a State—an officer of that Police Force; or
 (d) in the case of the Crime Commission (NSW):
 (i) a member of the Crime Commission (NSW); or
 (ii) a member of the staff of the Crime Commission (NSW); or
 (e) in the case of the Independent Commission Against Corruption (NSW)—an officer of the Independent Commission Against Corruption (NSW); or
 (ea) in the case of the IBAC (Vic.)—an IBAC (Vic.) officer; or
 (f) in the case of the Crime and Corruption Commission (Qld)—a commission officer (within the meaning of the Crime and Corruption Act (Qld)); or
 (g) in the case of the Law Enforcement Conduct Commission (NSW):
 (i) the Chief Commissioner of the Commission; or
 (ii) the Commissioner for Integrity of the Commission; or
 (iii) an Assistant Commissioner of the Commission; or
 (iv) a member of the staff of the Law Enforcement Conduct Commission (NSW); or
 (i) in the case of the Corruption and Crime Commission (WA)—an officer of the Corruption and Crime Commission (WA); or
 (j) in the case of the Independent Commission Against Corruption (SA):
 (i) the Commissioner of the Independent Commission Against Corruption (SA); or
 (ii) the Deputy Commissioner of the Independent Commission Against Corruption (SA); or
 (iii) a member of the staff of the Independent Commission Against Corruption (SA).