Federal Register of Legislation - Australian Government

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SR 2000 No. 180 Regulations as made
These Regulations amend the Telecommunications (Interception) Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR14-Aug-2000
Tabled Senate14-Aug-2000
Gazetted 12 Jul 2000
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013
Table of contents.

Telecommunications (Interception) Amendment Regulations 2000 (No. 1)

Statutory Rules 2000 No. 180

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Telecommunications (Interception) Act 1979.

Dated 5 July 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

DARYL WILLIAMS

Attorney-General


Telecommunications (Interception) Amendment Regulations 2000 (No. 1)1

Statutory Rules 2000 No. 1802

made under the

 

 

 

Contents

                                                                                                                 Page

                        1  Name of Regulations                                                         2

                        2  Commencement                                                                2

                        3  Amendment of Telecommunications (Interception) Regulations            2

Schedule 1           Amendments                                                                    3

 


Do not delete : Part placeholder

Do not delete : Division placeholder

1              Name of Regulations

                These Regulations are the Telecommunications (Interception) Amendment Regulations 2000 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Telecommunications (Interception) Regulations

                Schedule 1 amends the Telecommunications (Interception) Regulations.

 


Schedule 1        Amendments

Do not delete : Schedule Part placeholder

(regulation 3)

[1]         Regulation 1

substitute

1              Name of Regulations

                These Regulations are the Telecommunications (Interception) Regulations 1987.

[2]         Regulation 3

substitute

3              Warrants

         (1)   The form of warrant for section 45 of the Act is the form in Schedule 3.

         (2)   The form of warrant for section 45A of the Act is the form in Schedule 3A.

         (3)   The form of warrant for section 46 of the Act is the form in Schedule 4.

         (4)   The form of warrant for section 46A of the Act is the form in Schedule 4A.

         (5)   The form of warrant for section 48 of the Act is the form in Schedule 5.

[3]         Schedule 3, heading

substitute

Schedule 3        Warrant under section 45 for the interception of communications

(subregulation 3 (1))

[4]         After Schedule 3

insert

Schedule 3A      Named person warrant under section 45A

(subregulation 3 (2))

Commonwealth of Australia

Telecommunications (Interception) Act 1979

Warrant for interception of communications of named person

Named person        [full known name, other known names, other known identifying information (e.g., date of birth)]

Applicant agency    [name]

I,                                                       , *an eligible Judge,/*a nominated AAT member, within the meaning of the Telecommunications (Interception) Act 1979, acting under section 45A of that Act, and being satisfied, on the basis of the information given to me by the applicant agency, that:

(a)    Division 3 of Part VI of the Act has been complied with in relation to the application; 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 named person is using, or is likely to use, more than 1 telecommunications service; and

(d)   information that would be likely to be obtained by intercepting under a warrant communications made to or from any telecommunications service that the named person is using, or is likely to use, would be likely to assist in connection with the investigation by the agency of the following class 1 *offence/*offences, in which that person is involved:

        [short particulars of the class 1 *offence/*offences]; and

(e)    having regard to:

        (i)     the extent to which methods (including the use of a warrant issued under section 45 of the Act) of investigating the *offence/*offences that do not involve the use of a warrant issued under section 45A of the Act in relation to the named person have been used by, or are available to, the applicant agency; and

       (ii)     how much of the information referred to in paragraph (d) would be likely to be obtained by such methods; and

      (iii)     how much the use of such methods would be likely to prejudice the investigation by that agency of the *offence/*offences, whether because of a delay in obtaining some or all of that information or for any other reason;

        some or all of that information cannot appropriately be obtained by such methods;

authorise interceptions of communications made to or from any telecommunications service that the named person is using, or is likely to use.

Period of validity

This warrant is in force until [specify a date not more than 90 days away].

*Conditions or restrictions

Interceptions under this warrant are subject to the following *conditions/*restrictions:

[details of conditions or restrictions]

*Excluded services

This warrant does not authorise the interception of communications made to or from the following telecommunications service/*s:

[details and location of service]

Dated

 

*Judge/*nominated AAT member

*   Omit word, words or provision if inapplicable

#   Omit paragraph if inapplicable

Note   The authority conferred by this warrant may be exercised only by an officer or staff member of an agency in relation to whom an approval under subsection 55 (3) of the Telecommunications (Interception) Act 1979 is in force in relation to the warrant.

[5]         Schedule 4, heading

substitute

Schedule 4        Warrant under section 46 for the interception of communications

(subregulation 3 (3))

[6]         After Schedule 4

insert

Schedule 4A      Named person warrant under section 46A

(subregulation 3 (4))

Commonwealth of Australia

Telecommunications (Interception) Act 1979

Warrant for interception of communications of named person

Named person        [full known name, other known names, other known identifying information (e.g., date of birth)]

Applicant agency    [name]

I,                                                       , *an eligible Judge,/*a nominated AAT member, within the meaning of the Telecommunications (Interception) Act 1979, acting under section 46A of that Act, and being satisfied, on the basis of the information given to me by the applicant agency, that:

(a)    Division 3 of Part VI of the Act has been complied with in relation to the application; 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 named person is using, or is likely to use, more than 1 telecommunications service; and

(d)   information that would be likely to be obtained by intercepting under a warrant communications made to or from any telecommunications service that the named person is using, or is likely to use, would be likely to assist in connection with the investigation by the agency of the following class 2 *offence/*offences, in which that person is involved:

        [short particulars of the class 2 *offence/*offences]; and

(e)    having regard to:

        (i)     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 any telecommunications service used, or likely to be used, by the named person; and

       (ii)     the gravity of the conduct constituting the *offence/*offences being investigated; and

      (iii)     how much of the information referred to in paragraph (d) would be likely to assist in connection with the investigation by that agency of the *offence/*offences; and

      (iv)     the extent to which methods (including the use of a warrant issued under section 46 of the Act) of investigating the *offence/*offences that do not involve the use of a warrant issued under section 46A of the Act in relation to the named  person have been used by, or are available to, the agency; and

       (v)     how much the use of such methods would be likely to assist in connection with the investigation by the agency of the *offence/*offences; and

      (vi)     how much the use of such methods would be likely to prejudice the investigation by that agency of the *offence/*offences, whether because of a delay in obtaining some or all of that information or for any other reason;

        some or all of that information cannot appropriately be obtained by such methods;

authorise interceptions of communications made to or from any telecommunications service that the named person is using, or is likely to use.

Period of validity

This warrant is in force until [specify a date not more than 90 days away].

*Conditions or restrictions

Interceptions under this warrant are subject to the following *conditions/*restrictions:

[details of conditions or restrictions]

*Excluded services

This warrant does not authorise the interception of communications made to or from the following telecommunications service/*s:

[details and location of service]

Dated

 

*Judge/*nominated AAT member

*   Omit word, words or provision if inapplicable

#   Omit paragraph if inapplicable

Note   The authority conferred by this warrant may be exercised only by an officer or staff member of an agency in relation to whom an approval under subsection 55 (3) of the Telecommunications (Interception) Act 1979 is in force in relation to the warrant.

[7]         Schedule 5

omit

Members of the Australian Federal Police

insert

The *officers/*staff members (or as the case may be)

[8]         Schedule 5

omit

members of the Australian Federal Police

insert

the *officers/*staff members (or as the case may be)

Notes

1.       These Regulations amend Statutory Rules 1987 No. 329, as amended by 1994 No. 5; 1997 No. 421.

2.       Made by the Governor-General on 5 July 2000, and notified in the Commonwealth of Australia Gazette on 12 July 2000.