Document ID: chunk:federal_register_of_legislation:C2024C00749:section:46:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 46 (pt 1/9)
Character Range: 269547–272247

46  Issue of telecommunications service warrant

Warrant relating to the investigation of one or more serious offences
 (1) Where an agency applies to an eligible Judge or nominated ART member for a warrant in respect of a telecommunications service and the Judge or nominated ART member is satisfied, on the basis of the information given to the Judge or nominated ART 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) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to assist in connection with the investigation by the agency of a serious offence, or serious offences, in which:
 (i) the particular person is involved; or
 (ii) another person is involved with whom the particular person is likely to communicate using the service; and
 (e) having regard to the matters referred to in subsection (2), 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: Subparagraph (d)(ii)—subsection (3) restricts the issuing of warrants if subparagraph (d)(ii) applies.
 (2) For the purposes of subsection (1), the matters to which the Judge or nominated ART member shall 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 (1); and
 (b) the gravity of the conduct constituting the offence or offences being investigated; and
 (c) how much the information referred to in paragraph (1)(d) would be likely to assist in connection with the investigation by the agency of the offence or offences; and
 (d) to what extent methods of investigating the offence or offences that do not involve so intercepting communications have been used by, or are available to, the agency; and
 (e) how much the use of such methods would be likely to assist in connection with the investigation by the agency of the offence or offences; and
 (f) how much the use of such methods would be likely to prejudice the investigation by the agency of the offence or offences, whether because of delay or for any other reason; and
 (fa) in relation to an application by