Document ID: chunk:federal_register_of_legislation:C2004A04658:body:0:p9
Version: federal_register_of_legislation:C2004A04658
Segment Type: other
Provision Reference: 
Character Range: 20742–23356

an agency other than the Australian Federal Police does not come into force until:

  (a) in any case, a copy of the warrant; or

    (b) in the case of a warrant issued on a telephone application, a notification under paragraph 53(1)(b) of the issue of the warrant;

is received by or on behalf of the Commissioner of Police.

"(2) A warrant under section 48 issued to an agency other than the Australian Federal Police does not come into force until:

  (a) in any case, the warrant; or

     (b) in the case of a warrant issued on a telephone application, a notification under paragraph 53(1)(b) of the issue of the warrant;

is received by or on behalf of the Commissioner of Police.

Exercise of authority conferred by warrant

"55.(1) The authority conferred by a warrant issued to an agency under section 45 or 46 may only be exercised by an officer or staff member of the agency in relation to whom an approval under subsection (3) is in force in relation to the warrant.

"(2) The authority conferred by a warrant issued under section 48 may only be exercised by a member of the Australian Federal Police in relation to whom an approval under subsection (3) is in force in relation to the warrant.

"(3) The chief officer of an agency, or an officer of an agency in relation to whom an appointment under subsection (4) is in force, may approve in writing officers or staff members of the agency, or classes of officers or staff members of the agency, to exercise the authority conferred by warrants or classes of warrants.

"(4) The chief officer of an agency may appoint in writing an officer of the agency to be an approving officer for the purposes of subsection (3).

"(5) In spite of subsections (1) and (2), a designated officer may provide technical assistance to an officer or staff member of an agency who is exercising the authority conferred by a warrant.

"(6) A reference in subsection (5) to the provision of technical assistance includes a reference to:

  (a) the doing of any act involved in the interception of a communication under a warrant; and

  (b) the doing of any act in connection with:

        (i) the installation of equipment for the purposes of intercepting a communication in accordance with a warrant; or

      (ii) the maintenance, testing or use of such equipment; or

     (iii) the removal of such equipment.

"(7) The chief officer of an agency or a person who is an approving officer for an agency under subsection (4) may, in writing, declare persons to be designated officers for the purposes of subsection (5).

"(8) A declaration under subsection (7) may only