Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_98:p1
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 98 (pt 1/4)
Character Range: 156182–158936

98  At the end of section 46
Add:

Warrant sought for community safety supervision order
 (9) If a Part 9.10 warrant agency applies to an eligible Judge or nominated AAT member for a warrant in respect of a telecommunications service and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member under this Part in connection with the application, that:
 (a) Division 3 has been complied with in relation to the application; and
 (b) in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and
 (c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, the service; and
 (d) either:
 (i) a community safety supervision order is in force in relation to the particular person; or
 (ii) a community safety supervision order is in force in relation to another person, and the particular person is likely to communicate with the other person using the service; and
 (e) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:
 (i) achieving a Part 9.10 object; or
 (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and
 (f) having regard to the matters referred to in subsection (10), and to no other matters, the Judge or nominated AAT member should issue a warrant authorising such communications to be intercepted;
the Judge or nominated AAT member may, in the Judge or member's discretion, issue such a warrant.
Note 1: Subsection (11) restricts the issuing of warrants if subparagraph (d)(ii) applies.
Note 2: For community safety supervision orders that have been made but not come into force, see section 6UA.
 (10) For the purposes of subsection (9), the matters to which the Judge or nominated AAT member must have regard are:
 (a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from the service referred to in subsection (9); and
 (b) how much the information referred to in paragraph (9)(e) would be likely to assist in connection with:
 (i) achieving a Part 9.10 object; or
 (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and
 (c) to what extent methods for:
 (i) achieving a Part 9.10 object; or
 (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been,