Document ID: chunk:federal_register_of_legislation:C2004C01072:clause:1_94a
Version: federal_register_of_legislation:C2004C01072
Segment Type: clause
Provision Reference: sch 1 cl 94A
Character Range: 13290–15370

94A  Reports regarding emergency interception action

 (1) The chief officer of an agency referred to in subsection 7(8) must give to the Minister a written report concerning:
 (a) an emergency interception action taken by an officer of the agency that, because of the operation of subsection 7(6A), took place without a warrant under Part VI; and
 (b) an emergency interception action taken by an officer of the agency in respect of which an application for a warrant was made under Part VI and refused.

 (2) The chief officer of the agency must give the report within 3 months after:
 (a) in the case set out in paragraph (1)(a)—the date on which the action ceased; and
 (b) in the case set out in paragraph (1)(b)—the date on which the application was refused.

 (3) The report must contain the following information:
 (a) if an interception occurred:
 (i) the date and time at which the interception began; and
 (ii) the duration of the interception;
 (b) if there was no interception but action had been taken to cause a communication to be intercepted—details of the action taken;
 (c) the circumstances that led the officer concerned to believe that the conditions of subsection 7(4) or (5) were satisfied;
 (d) in the case set out in paragraph (1)(a)—the reasons it was not practicable to apply for a warrant under Part VI in relation to the action;
 (e) in the case set out in paragraph (1)(b)—the reasons the judge or nominated AAT member refused the application if the reasons are known;
 (f) information about the use made by the agency of information obtained by the interception;
 (g) information about the communication of such information to persons other than officers of the agency;
 (h) the number of arrests that have been, or are likely to be, made on the basis of such information;
 (i) an assessment of the usefulness of information obtained by the interception.

 (4) In this section:

emergency interception action means an interception done under subsection 7(4) or (5) or action taken under one of those subsections to cause an interception to occur.