Document ID: chunk:federal_register_of_legislation:C2024C00749:section:46:p7
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 46 (pt 7/9)
Character Range: 284287–287075

order, or any succeeding community safety supervision order, has been, or is being, complied with; and
 (c) to what extent methods for:
 (i) achieving a Part 9.10 object; or
 (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;
  that do not involve so intercepting communications have been used by, or are available to, the agency; and
 (d) how much the use of such methods would be likely to assist in connection with:
 (i) achieving a Part 9.10 object; or
 (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and
 (e) how much the use of such methods would be likely to prejudice:
 (i) achieving a Part 9.10 object; or
 (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;
  whether because of delay or for any other reason; and
 (f) whether intercepting under a warrant communications made to or from the service referred to in subsection (9) would be the method that is likely to have the least interference with any person's privacy; and
 (g) the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious violent or sexual offence; and
 (h) the possibility that the person in relation to whom the order is in force:
 (i) has contravened, is contravening or will contravene the community safety supervision order; or
 (ii) will contravene a succeeding community safety supervision order; and
 (i) in relation to an application by an interception agency of Victoria—any submissions made by the Victorian PIM under section 44A to the Judge or nominated ART member; and
 (j) in relation to an application by an interception agency of Queensland—any submissions made by the Queensland PIM under section 45 to the Judge or nominated ART member.
 (11) The Judge or nominated ART member must not issue a warrant in a case in which subparagraph (9)(d)(ii) applies unless the Judge or nominated ART member is satisfied that:
 (a) the agency has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the person to whom the community safety supervision order referred to in subparagraph (9)(d)(ii) relates; or
 (b) interception of communications made to or from a telecommunications service used or likely to be used by that person would not otherwise be possible.

Warrant sought for Part 9.10 order application
 (12) If a Part 9.10 warrant agency applies to an eligible Judge or nominated ART member for a warrant in respect of a telecommunications