Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_98:p3
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 98 (pt 3/4)
Character Range: 161213–163831

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 AAT member for a warrant in respect of a telecommunications service and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member under this Part in connection with the application, that:
 (a) Division 3 has been complied with in relation to the application; and
 (b) in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and
 (c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, the service; and
 (d) the person is a serious offender in relation to whom an application for a Part 9.10 order could be made; and
 (e) there are reasonable grounds to suspect that there is an appreciable risk of the person committing a serious violent or sexual offence; and
 (f) consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and
 (g) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to assist in determining whether to apply for the Part 9.10 order; and
 (h) having regard to the matters referred to in subsection (13), and to no other matters, the Judge or nominated AAT member should issue a warrant authorising such communications to be intercepted;
the Judge or nominated AAT member may, in the Judge's or member's discretion, issue such a warrant.
 (13) For the purposes of subsection (12), the matters to which the Judge or nominated AAT 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 communications made to or from the service referred to in subsection (12); and
 (b) how much the information referred to in paragraph (12)(g) would be likely to assist in determining whether to apply for the Part 9.10 order; and
 (c) to what extent methods of determining whether to apply for the Part 9.10 order that do not involve so intercepting communications have been used by, or are available to, the Immigration Minister (or a legal representative of the Immigration Minister); and
 (d) how much the use of such methods would be likely to assist in determining whether to apply for the Part 9.10 order; and
 (e) how much the use