Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_339db:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 339DB (pt 1/2)
Character Range: 529175–531579

339DB  At the end of section 48
Add:
 (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:
 (a) the member, or another member of the Police Force, is a party to the communication;
 (b) there are reasonable grounds for suspecting that another party to the communication has:
 (i) done an act that has resulted, or may result, in loss of life or the infliction of serious personal injury; or
 (ii) threatened to kill or seriously injure another person or to cause serious damage to property; or
 (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;
 (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.
 (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:
 (a) the person to whom the communication is directed has consented to the doing of the act;
 (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:
 (i) done an act that has resulted, or may result, in loss of life or the infliction of serious personal injury; or
 (ii) threatened to kill or seriously injure another person or to cause serious damage to property; or
 (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;
 (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.
 (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.
 (6) Subsection (5) does not apply if:
 (a) action has been taken under subsection (3) or (4) to intercept a communication, or cause it to be intercepted; and
 (b) the action has ceased before it is practicable for an application for a warrant to be made.
 (7) If a Judge does not issue a warrant in relation to an