Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Regulations 2021 (F2021L01842)

Schedule 1   Amendments

Telecommunications (Interception and Access) Regulations 2017

11   Form 5A in Schedule 1

Repeal the Form, substitute:

Form 5A - Warrant for entry on premises and interception of communications for Part 5.3 supervisory orders

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

WARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS FOR PART 5.3 SUPERVISORY ORDER

1 Authorisation

(1) I, [name], *an eligible Judge/*a nominated AAT 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(4)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 Part 5.3 supervisory order is in force (including because of section 6T of the Act) in relation to:

*[if subparagraph 46(4)(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 5.3 object; or

*(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory 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 in respect of the service otherwise than by the use of equipment or a line installed on those premises:

*for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.

*because, if the warrant were issued under section 46 of the Act, communications to or from the telecommunications service would be intercepted while passing over a telecommunications system and execution of the warrant as a result of action taken by employees of that carrier might jeopardise the achievement of the objective for which the warrant was issued.

Note: For subparagraph (3)(b)(v), section 6T of the Act deems certain Part 5.3 supervisory orders to be in force if they have been made but not yet come into in force.

(4) This warrant is issued on the basis of the Part 5.3 supervisory order mentioned in subparagraph (3)(b)(v), details of which are specified in the following table.

Note: A warrant may remain in force if the Part 5.3 supervisory order is replaced by one or more succeeding Part 5.3 supervisory orders (see section 6U and subsection 49(6A) of the Act).

2 Persons who may exercise this authority

Under subsection 55(1) of the Act, the authority conferred by this warrant applies to a person in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.

3 Period for which warrant is in force

(1) Under section 54 of the Act, this warrant comes into force when it is issued.

(2) This warrant is in force until [specify date].

[specify a date that is:

(a) if subparagraph 46(4)(d)(ii) of the Act would apply if the application had been made under section 46 of the Act - not more than 45 days away; or

(b) otherwise - not more than 90 days away.]

*4 Conditions

Interceptions under this warrant are subject to the following conditions:

[details of conditions].

*5 Restrictions

Interceptions under this warrant are subject to the following restrictions:

[details of restrictions].

Dated

…………………………………..

*Judge/*nominated AAT member

* Omit if not applicable

Form 5B - Warrant for entry on premises and interception of communications for post-sentence order applications

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

WARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS FOR POST-SENTENCE ORDER APPLICATION

1 Authorisation

(1) I, [name], *an eligible Judge/*a nominated AAT 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(7) 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/*persons mentioned above *is/*are using, or *is/*are likely to use, the service; and

(v) consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post-sentence order in relation to the person; 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 assist in determining whether to apply for a post-sentence order; 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 in respect of the service otherwise than by the use of equipment or a line installed on those premises:

*for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.

*because, if the warrant were issued under section 46 of the Act, communications to or from the telecommunications service would be intercepted while passing over a telecommunications system and execution of the warrant as a result of action taken by employees of that carrier might jeopardise the achievement of the objective for which the warrant was issued.

Note: For Part 5.3 supervisory orders that have been made but not come into force, see section 6T of the Act.

(4) This warrant is issued to determine whether to make an application for a post-sentence order in relation to [the name of the person in relation to whom the application for the post-sentence order would be made].

2 Persons who may exercise this authority

Under subsection 55(1) of the Act, the authority conferred by this warrant applies to a person in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.

3 Period for which warrant is in force

(1) Under section 54 of the Act, this warrant comes into force when it is issued.

(2) This warrant is in force until [specify date].

[specify a date that is not more than 90 days away]

*4 Conditions

Interceptions under this warrant are subject to the following conditions:

[details of conditions].

*5 Restrictions

Interceptions under this warrant are subject to the following restrictions:

[details of restrictions].

Dated

…………………………………..

*Judge/*nominated AAT member

* Omit if not applicable