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: 156078–158837

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 48 of the Act, authorise:
 (a) entry on the premises mentioned above in order to install, maintain, use or recover equipment or a line used in the interception of communications being made to or from the telecommunications service mentioned above; and
 (b) interceptions of such communications by the use of that equipment or line.
 (2) This warrant authorises:
 (a) entry on the premises:
 (i) *at any time of the day or night/*during the hours of [specify hours during which entry on the premises is authorised], for the purposes mentioned in paragraph (1)(a); and
 *(ii) without permission first being sought or demand first being made; and
 *(b) the following measures, that I am satisfied are necessary and reasonable for those purposes:
  [specify measures authorised to be taken].
 (3) I am satisfied:
 (a) that subsection 48(2) of the Act has been complied with in relation to the application for this warrant; and
 (b) on the basis of the information given to me by the applicant agency, that:
 (i) subsection 46(9) of the Act would empower me to issue a warrant if the application had been made under section 46 of the Act; and
 (ii) Division 3 of Part 2‑5 of the Act has been complied with in relation to this application; and
 *(iii) because of urgent circumstances, it was necessary to make the application by telephone; and
 (iv) there are reasonable grounds for suspecting that the particular person mentioned above is using, or is likely to use, the service; and
 (v) a community safety supervision order is in force (including because of section 6UA of the Act) in relation to:
  *[if subparagraph 46(9)(d)(ii) of the Act would apply if the application had been made under section 46 of the Act] the particular person mentioned above; and
  *[otherwise] a person other than the particular person mentioned above, and the particular person mentioned above is likely to communicate with the other person using the service; and
 (c) on the basis of the information given to me by the applicant agency, that information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially 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
 (d) on the basis of the information given to me by the applicant agency, that it would be impracticable or inappropriate to intercept communications under a warrant