Document ID: chunk:federal_register_of_legislation:C2024C00749:section:46a:p3
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 46A (pt 3/10)
Character Range: 294914–297595

order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and
 (f) having regard to the matters referred to in subsection (2B), and to no other matters, the Judge or nominated ART member should issue a warrant authorising such communications to be intercepted;
the Judge or nominated ART member may, in his or her discretion, issue such a warrant.
Note 1: Subsection (3) restricts the issuing of a warrant authorising interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant.
Note 2: For Part 5.3 supervisory orders that have been made but not come into force, see section 6T.
 (2B) For the purposes of subsection (2A), the matters to which the Judge or nominated ART 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:
 (i) communications made to or from any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; or
 (ii) communications made by means of a particular telecommunications device or particular telecommunications devices used, or likely to be used, by the person in respect of whom the warrant is sought;
  as the case requires; and
 (b) how much the information referred to in paragraph (2A)(e) would be likely to assist in connection with:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and
 (c) to what extent methods (including the use of a warrant issued under section 46) for:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
  that do not involve the use of a warrant issued under this section in relation to the person have been used by, or are available to, the agency; and
 (d) how much the use of such methods would be likely to assist in connection with:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and
 (e) how much the use of such methods would be likely to prejudice:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
  whether because of delay or for any other reason; and
 (f) whether intercepting under a warrant communications referred to in paragraph (a) of