Document ID: chunk:federal_register_of_legislation:F2024C01110:clause:1_1:p1
Version: federal_register_of_legislation:F2024C01110
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/2)
Character Range: 105155–107846

1  Authorisation
 (1) I, [name], *an eligible Judge/*a nominated ART member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 46A of the Act, authorise interceptions of communications made to or from any telecommunications service that the named person mentioned above is using, or is likely to use.
 (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
 (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
 *(b) because of urgent circumstances, it was necessary to make the application by telephone; and
 (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than one telecommunications service; and
 (d) the named person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and
 (e) the named person is detained in custody; and
 (f) there are reasonable grounds to suspect that there is an appreciable risk of the named person committing a serious Part 5.3 offence; and
 (g) consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post‑sentence order in relation to the named person; and
 (h) information that would be likely to be obtained by intercepting under a warrant:
 (i) communications made to or from any telecommunications service that the named person is using, or is likely to use; or
 (ii) communications made by means of a particular telecommunications device or particular telecommunications devices that the named person is using, or is likely to use;
  would be likely to assist in determining whether to apply for the post‑sentence order.
 (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:
 (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;
 (b) how much the information referred to in paragraph (2)(h) would be likely to assist in connection with determining whether to apply for the post‑sentence order;
 (c) to what extent methods (including the use