Document ID: chunk:federal_register_of_legislation:C2024C00749:section:46a:p5
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 46A (pt 5/10)
Character Range: 299820–302486

there are reasonable grounds for suspecting that a particular person is using, or is likely to use, more than one telecommunications service; and
 (d) the person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and
 (e) the person is detained in custody in a prison; and
 (f) there are reasonable grounds to suspect that there is an appreciable risk of the 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 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 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 person is using, or is likely to use;
  would be likely to assist in determining whether to apply for the post‑sentence order; and
 (i) having regard to the matters referred to in subsection (2D), 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 the Judge's or member's discretion, issue such a warrant.
 (2D) For the purposes of subsection (2C), 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; and
 (b) how much the information referred to in paragraph (2C)(h) would be likely to assist in connection with determining whether to apply for the post‑sentence order; and
 (c) to what extent methods (including the use of a warrant issued under section 46) for determining whether to apply for a post‑sentence order that do not involve so intercepting communications have been used by, or are available to, the AFP Minister (or a legal representative of the AFP Minister); and
 (d) how much the use of such methods would be likely to assist in determining whether to apply for the post‑sentence order; and
 (e) how much the use