Commonwealth Numbered Acts Commonwealth Numbered Acts
Telecommunications (Interception) Act 1979
1 After subparagraph 9(1)(a)(i)
Insert:
(ia) the means by which a person receives or sends a communication from or to another person who is engaged in, or reasonably suspected by the Director‑General of Security of being engaged in, or of being likely to engage in, such activities; or
2 At the end of subsection 9(1)
Add:
Note: Subparagraph (a)(ia)—subsection (3) restricts the issuing of warrants if subparagraph (a)(ia) applies.
3 At the end of section 9
Add:
(3) The Attorney‑General must not issue a warrant in a case in which subparagraph (1)(a)(ia) applies unless he or she is satisfied that:
(a) the Organisation has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the other person referred to in subparagraph (1)(a)(ia); or
(b) interception of communications made to or from a telecommunications service used or likely to be used by that person would not otherwise be possible.
4 Subsection 9B(3)
Omit “period must not exceed 6 months, and the”.
5 After subsection 9B(3)
Insert:
(3A) The specified period must not exceed:
(a) if subparagraph 9(1)(a)(ia) applies—3 months; or
(b) otherwise—6 months.
6 At the end of paragraphs 46(1)(a), (b) and (c)
Add “and”.
7 Paragraph 46(1)(d)
Omit “which the person is involved; and”, substitute:
which:
(i) the particular person is involved; or
(ii) another person is involved with whom the particular person is likely to communicate using the service; and
8 At the end of subsection 46(1)
Add:
Note: Subparagraph (d)(ii)—subsection (3) restricts the issuing of warrants if subparagraph (d)(ii) applies.
9 At the end of section 46
Add:
(3) The Judge or nominated AAT member must not issue a warrant in a case in which subparagraph (1)(d)(ii) applies unless he or she is satisfied that:
(a) the agency has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the person involved in the offence or offences referred to in paragraph (1)(d); or
(b) interception of communications made to or from a telecommunications service used or likely to be used by that person would not otherwise be possible.
10 Subsection 49(3)
Omit “a period of up to 90 days”, substitute:
a period of:
(a) if subparagraph 46(1)(d)(ii) applies—up to 45 days; or
(b) otherwise—up to 90 days.
11 After paragraph 100(1)(ec)
Insert:
(ed) in relation to applications of a kind referred to in paragraph (a), (b), (c), (d) or (e), the relevant statistics about applications of that kind that relate to warrants in relation to which subparagraph 46(1)(d)(ii) would apply if the warrants were issued; and
(ee) how many Part 2‑5 warrants issued during that year on application made by the agency or authority were warrants in relation to which subparagraph 46(1)(d)(ii) applied; and
(ef) how many Part 2‑5 warrants renewed during that year on application made by the agency or authority were warrants in relation to which subparagraph 46(1)(d)(ii) applied; and
12 After paragraph 100(2)(ec)
Insert:
(ed) in relation to applications of a kind referred to in paragraph (a), (b), (c), (d) or (e), the relevant statistics about applications of that kind that relate to warrants in relation to which subparagraph 46(1)(d)(ii) would apply if the warrants were issued; and
(ee) how many Part 2‑5 warrants issued during that year were warrants in relation to which subparagraph 46(1)(d)(ii) applied; and
(ef) how many Part 2‑5 warrants renewed during that year were warrants in relation to which subparagraph 46(1)(d)(ii) applied; and
13 At the end of paragraphs 101(1)(a), (b) and (c)
Add “and”.
14 After paragraph 101(1)(d)
Insert:
(da) in relation to periods of a kind referred to in paragraph (a), (b), (c) or (d), the averages of the periods of that kind that relate to warrants in relation to which subparagraph 46(1)(d)(ii) applied; and
15 At the end of paragraphs 101(2)(a), (b) and (c)
Add “and”.
16 After paragraph 101(2)(d)
Insert:
(da) in relation to periods of a kind referred to in paragraph (a), (b), (c) or (d), the averages of the periods of that kind that relate to warrants in relation to which subparagraph 46(1)(d)(ii) applied; and