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

Schedule 1   Amendments

Telecommunications (Interception and Access) Regulations 2017

7   Forms 2A and 2B in Schedule 1

Repeal the Forms, substitute:

Form 2A - Telecommunications service warrant for Part 5.3 supervisory order

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT 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 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.

(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:

(a) Division 3 of Part 2-5 of the Act has been complied with in relation to the application for this warrant; and

*(b) because of urgent circumstances, it was necessary to make the application by telephone; and

(c) 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

(d) *a Part 5.3 supervisory order is/*Part 5.3 supervisory orders are in force (including because of section 6T of the Act) in relation to *the particular person/*each of the particular persons mentioned above; and

(e) 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/*orders, or any succeeding Part 5.3 supervisory *order/*orders, *has/*have been, or *is/*are being, complied with.

Note: For paragraph (2)(d), 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 force.

(3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:

(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;

(b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:

(i) achieving a Part 5.3 object; or

(ii) determining whether the Part 5.3 supervisory *order/*orders, or any succeeding Part 5.3 supervisory *order/*orders, *has/*have been, or *is/*are being, complied with;

(c) to what extent methods for:

(i) achieving a Part 5.3 object; or

(ii) determining whether the Part 5.3 supervisory *order/*orders, or any succeeding Part 5.3 supervisory*order/*orders, *has/*have been, or *is/*are being, complied with;

that do not involve so intercepting communications have been used by, or are available to, the applicant agency;

(d) how much the use of such methods would be likely to assist in connection with:

(i) achieving a Part 5.3 object; or

(ii) determining whether the Part 5.3 supervisory *order/*orders, or any succeeding Part 5.3 supervisory*order/*orders, *has/*have been, or *is/*are being, complied with;

(e) how much the use of such methods would be likely to prejudice:

(i) achieving a Part 5.3 object; or

(ii) determining whether the Part 5.3 supervisory *order/*orders, or any succeeding Part 5.3 supervisory*order/*orders, *has/*have been, or *is/*are being, complied with;

whether because of delay or for any other reason;

(f) whether intercepting under a warrant communications made to or from the service would be the method that is likely to have the least interference with any person's privacy;

*(g) [if the warrant is issued on the basis of more than one Part 5.3 supervisory order] for each Part 5.3 supervisory order that is a control order - the possibility that the person in relation to whom the control order is in force:

(i) has engaged, is engaging, or will engage, in a terrorist act; or

(ii) has provided, is providing, or will provide, support for a terrorist act; or

(iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or

(iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or

(v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;

*(ga) [if the warrant is issued on the basis of more than one Part 5.3 supervisory order] for each Part 5.3 supervisory order that is an extended supervision order or interim supervision order - the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious Part 5.3 offence;

(gb) for each Part 5.3 supervisory order - the possibility that the person in relation to whom the order is in force:

(i) has contravened, is contravening or will contravene the Part 5.3 supervisory order; or

(ii) will contravene a succeeding Part 5.3 supervisory order;

*(h) [if the applicant agency is an interception agency of Victoria] any submissions made by the Victorian PIM under section 44A of the Act to me;

*(i) [if the applicant agency is an interception agency of Queensland] any submissions made by the Queensland PIM under section 45 of the Act to me.

(4) This warrant is issued on the basis of the Part 5.3 supervisory *order/*orders mentioned in paragraph (2)(d), 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).

[If the warrant is issued on the basis of more than one Part 5.3 supervisory order, include one item in the table for each Part 5.3 supervisory order.]

2 Persons who may exercise this authority

Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by 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 [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

Form 2B - Telecommunications service warrant for Part 5.3 supervisory order - B-party

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT FOR PART 5.3 SUPERVISORY ORDER - B-PARTY

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 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.

(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:

(a) Division 3 of Part 2-5 of the Act has been complied with in relation to the application for this warrant; and

*(b) because of urgent circumstances, it was necessary to make the application by telephone; and

(c) 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

(d) a Part 5.3 supervisory order is in force (including because of section 6T of the Act) in relation to another person, and the particular *person/*persons mentioned above *is/*are likely to communicate with the other person using the service; and

(e) 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.

Note: For paragraph (2)(d), 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 force.

(3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:

(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;

(b) how much the information referred to in paragraph (2)(e) would be likely to 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;

(c) to what extent methods for:

(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;

that do not involve so intercepting communications have been used by, or are available to, the applicant agency;

(d) how much the use of such methods would be likely to 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;

(e) how much the use of such methods would be likely to prejudice:

(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;

whether because of delay or for any other reason;

(f) whether intercepting under a warrant communications made to or from the service would be the method that is likely to have the least interference with any person's privacy;

*(g) in relation to a Part 5.3 supervisory order that is a control order - the possibility that the person in relation to whom the control order is in force:

(i) has engaged, is engaging, or will engage, in a terrorist act; or

(ii) has provided, is providing, or will provide, support for a terrorist act; or

(iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or

(iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or

(v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;

*(ga) in relation to a Part 5.3 supervisory order that is an extended supervision order or interim supervision order - the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious Part 5.3 offence;

(gb) in relation to any Part 5.3 supervisory order - the possibility that the person in relation to whom the order is in force:

(i) has contravened, is contravening or will contravene the Part 5.3 supervisory order; or

(ii) will contravene a succeeding Part 5.3 supervisory order;

*(h) [if the applicant agency is an interception agency of Victoria] any submissions made by the Victorian PIM under section 44A of the Act to me;

*(i) [if the applicant agency is an interception agency of Queensland] any submissions made by the Queensland PIM under section 45 of the Act to me.

(4) I am satisfied that:

*the applicant agency has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the person to whom the Part 5.3 supervisory order relates.

*interception of communications made to or from a telecommunications service used or likely to be used by the person to whom the Part 5.3 supervisory order relates would not otherwise be possible.

(5) This warrant is issued on the basis of the Part 5.3 supervisory order mentioned in paragraph (2)(d), 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 may be exercised by 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 [a date that is not more than 45 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 2C - Telecommunications service warrant for post-sentence order application

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT 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 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.

(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:

(a) Division 3 of Part 2-5 of the Act has been complied with in relation to the application for this warrant; and

*(b) 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 terrorist offender in relation to whom an application for a post-sentence order could be made; and

(e) the person is detained in custody; and

(f) there are reasonable grounds to suspect that there is an appreciable risk of the person committing a serious Part 5.3 offence; and

(g) 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

(h) 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 post-sentence order.

(3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:

(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;

(b) how much the information referred to in paragraph (2)(h) would be likely to assist in determining whether to apply for the post-sentence order;

(c) to what extent methods of determining whether to apply for the post-sentence order that do not involve so intercepting communications have been used by, or are available to, the AFP Minister (or a legal representative of the AFP Minister);

(d) how much the use of such methods would be likely to assist in determining whether to apply for the post-sentence order;

(e) how much the use of such methods would be likely to prejudice determining whether to apply for the post-sentence order, whether because of delay or for any other reason;

*(f) [if the applicant agency is an interception agency of Victoria] any submissions made by the Victorian PIM under section 44A of the Act to me;

*(g) [if the applicant agency is an interception agency of Queensland] any submissions made by the Queensland PIM under section 45 of the Act to me.

(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 may be exercised by 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 [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