Document ID: chunk:federal_register_of_legislation:C2004A04991:body:0:p11
Version: federal_register_of_legislation:C2004A04991
Segment Type: other
Provision Reference: 
Character Range: 26033–28876

other renewal of the original warrant; or

(iii) if the warrant was an original warrant—any renewal of the original warrant;

'Total warrants' means the number of warrants that were:

(a) issued to the agency or authority, as the case requires; and

(b) in force during the year to which the report relates.

SCHEDULE 1—continued

"(4) The report is to set out the percentage worked out using the formula:

where:

'Eligible warrants' means the number of warrants that satisfy the following conditions:

(a) the warrant was issued to:

    (i) a Commonwealth agency; or

       (ii) an eligible authority of a State, where the eligible authority was an agency at any time during the year to which the report relates;

(b) the warrant was in force during the year to which the report relates;

   (c) a prosecution was instituted, or was likely to be instituted, on the basis of information obtained by interceptions under:

    (i) the warrant; or

       (ii) if the warrant was a renewal of an original warrant:

(A) the original warrant; or

(B) any other renewal of the original warrant; or

(iii) if the warrant was an original warrant—any renewal of the original warrant;

'Total warrants' means the number of warrants that were:

(a) issued to:

    (i) Commonwealth agencies; and

    (ii) eligible authorities of States, where the eligible authorities were agencies at any time during the year to which the report relates; and

(b) in force during the year to which the report relates.

"(5) A reference in this section to a prosecution that was instituted, or was likely to be instituted, on the basis of information obtained by interceptions under a warrant includes a reference to a prosecution that was supported, or likely to be supported, by information obtained by interceptions under a warrant.".

38. After paragraph 103(a):

Insert:

"(aa) for:

    (i) each Commonwealth agency; and

SCHEDULE 1—continued

       (ii) each eligible authority of a State, where the eligible authority was an agency at any time during the year to which the report relates;

       the amount worked out using the formula:

     where:

     'Total warrant expenditure' means the total expenditure (including expenditure of a capital nature) incurred by the agency or the authority, as the case requires, in connection with the execution of warrants during the year to which the report relates; 'Number of warrants' means the number of warrants to which the total warrant expenditure relates; and".

39. Application

The amendments made by this Division apply to a report relating to a financial year beginning after the commencement of this item.

PART 6—AUTHORITY OF EMPLOYEES OF CARRIERS TO INTERCEPT COMMUNICATIONS

40. Paragraph 7(2)(a):

Omit the paragraph, substitute:

    "(a) an act or thing done by an employee of a carrier in the