Document ID: chunk:federal_register_of_legislation:C2024C00749:section:46a:p9
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 46A (pt 9/10)
Character Range: 309729–312436

to no other matters, the Judge or nominated ART member should issue a warrant authorising such communications to be intercepted;
the Judge or nominated ART member may, in the Judge's or member's discretion, issue such a warrant.
 (2H) For the purposes of subsection (2G), the matters to which the Judge or nominated ART 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:
 (i) communications made to or from any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; or
 (ii) communications made by means of a particular telecommunications device or particular telecommunications devices used, or likely to be used, by the person in respect of whom the warrant is sought; and
 (b) how much the information referred to in paragraph (2G)(g) would be likely to assist in connection with determining whether to apply for the Part 9.10 order; and
 (c) to what extent methods (including the use of a warrant issued under section 46) for determining whether to apply for a 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 of such methods would be likely to prejudice determining whether to apply for the Part 9.10 order, whether because of delay or for any other reasons; and
 (f) 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
 (g) 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.

Restriction on issue of warrant—interception of communications made by means of one or more telecommunications devices
 (3) The Judge or nominated ART member must not issue a warrant that authorises interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant unless he or she is satisfied that:
 (a) there are no other practicable methods available to the agency at the time of making the application to identify the telecommunications services used, or likely to be used, by the person in respect of whom the warrant would be issued; or
 (b) interception of communications made to or from a telecommunications service used, or likely to be used, by that person would not