Crimes Legislation Amendment (Community Safety Orders and Other Measures) Regulations 2023 (F2023L01628)

Schedule 1 Amendments

Telecommunications (Interception and Access) Regulations 2017

9 Schedule 1 (after Form 2C)

Insert:

Form 2D - Telecommunications service warrant for community safety supervision order

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT FOR COMMUNITY SAFETY SUPERVISION ORDER

Telecommunications service	[unique number assigned to the service; any other known unique identifying factors]
Particular * person/ * persons	[full known name/names, other known names, other known identifying information (e.g. date of birth)]
Applicant agency	[name]

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 community safety supervision order is/*community safety supervision orders are in force (including because of section 6UA 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 9.10 object; or

*(ii) determining whether the community safety supervision *order/*orders, or any succeeding community safety supervision order *order/*orders, *has/*have been, or *is/*are being, complied with.

Note: For paragraph (2)(d), section 6UA of the Act deems community safety supervision 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 9.10 object; or

(ii) determining whether the community safety supervision *order/*orders, or any succeeding community safety supervision *order/*orders, *has/*have been, or *is/*are being, complied with;

(i) achieving a Part 9.10 object; or

(ii) determining whether the community safety supervision *order/*orders, or any succeeding community safety supervision 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 9.10 object; or

(ii) determining whether the community safety supervision *order/*orders, or any succeeding community safety supervision *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 9.10 object; or

(ii) determining whether the community safety supervision *order/*orders, or any succeeding community safety supervision*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) the possibility that the person in relation to whom the community safety supervision order is in force has committed, is committing, or will commit a serious violent or sexual offence;

(h) the possibility that the person in relation to whom the community safety supervision order is in force:

(i) has contravened, is contravening or will contravene the community safety supervision order; or

(ii) will contravene a succeeding community safety supervision order;

*(i) [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;

*(j) [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 community safety supervision *order/*orders mentioned in paragraph (2)(d), details of which are specified in the following table.

Community safety supervision * order/ * orders
The name of the person in relation to whom the community safety supervision order was made	The date the community safety supervision order was made
[the name of the person in relation to whom the community safety supervision order was made]	[the date the community safety supervision order was made]

Community safety supervision * order/ * orders

The name of the person in relation to whom the community safety supervision order was made

The date the community safety supervision order was made

[the name of the person in relation to whom the community safety supervision order was made]

[the date the community safety supervision order was made]

Note: A warrant may remain in force if the community safety supervision order is replaced by one or more succeeding community safety supervision orders (see section 6UB and subsection 49(6B) of the Act).

[If the warrant is issued on the basis of more than one community safety supervision order, include one item in the table for each community safety supervision 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 2E - Telecommunications service warrant for community safety supervision order - B-party

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT FOR COMMUNITY SAFETY SUPERVISION ORDER - B-PARTY

Telecommunications service	[unique number assigned to the service; any other known unique identifying factors]
Particular * person/ * persons	[full known name/names, other known names, other known identifying information (e.g. date of birth)]
Applicant agency	[name]

1 Authorisation

(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 community safety supervision order is in force (including because of section 6UA 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 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.

Note: For paragraph (2)(d), section 6UA of the Act deems community safety supervision 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 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;

(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;

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 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;

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

(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;

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) the possibility that the person in relation to whom the community safety supervision order is in force:

(i) has contravened, is contravening or will contravene the community safety supervision order; or

(ii) will contravene a succeeding community safety supervision 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 community safety supervision order relates.

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

(5) This warrant is issued on the basis of the community safety supervision order mentioned in paragraph (2)(d), details of which are specified in the following table.

Community safety supervision order
The name of the person in relation to whom the community safety supervision order was made	The date the community safety supervision order was made
[the name of the person in relation to whom the community safety supervision order was made]	[the date the community safety supervision order was made]

Community safety supervision order

The name of the person in relation to whom the community safety supervision order was made

The date the community safety supervision order was made

[the name of the person in relation to whom the community safety supervision order was made]

[the date the community safety supervision order was made]

2 Persons who may exercise this authority

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 2F - Telecommunications service warrant for Part 9.10 order application

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT FOR PART 9.10 ORDER APPLICATION

Telecommunications service	[unique number assigned to the service; any other known unique identifying factors]
Particular * person/ * persons	[full known name/names, other known names, other known identifying information (e.g. date of birth)]
Applicant agency	[name]

1 Authorisation

(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

(d) the person is a serious offender in relation to whom an application for a Part 9.10 order could be made; and

(e) there are reasonable grounds to suspect that there is an appreciable risk of the person committing a serious violent or sexual offence; and

(f) consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and

(g) 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 Part 9.10 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)(g) would be likely to assist in determining whether to apply for the Part 9.10 order;

(c) to what extent methods of determining whether to apply for the 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);

(d) how much the use of such methods would be likely to assist in determining whether to apply for the Part 9.10 order;

(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 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 Part 9.10 order in relation to [the name of the person in relation to whom the application for the Part 9.10 order would be made].

2 Persons who may exercise this authority

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

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