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SR 2000 No. 325 Regulations as made
These Regulations amend the Telecommunications (Interception) Regulations 1987.
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 HR06-Feb-2001
Tabled Senate06-Feb-2001
Gazetted 08 Dec 2000
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Telecommunications (Interception) Amendment Regulations 2000 (No. 2)1

Statutory Rules 2000 No. 3252

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 1 December 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

DARYL WILLIAMS


1              Name of Regulations

                These Regulations are the Telecommunications (Interception) Amendment Regulations 2000 (No. 2).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Telecommunications (Interception) Regulations 1987

                Schedule 1 amends the Telecommunications (Interception) Regulations 1987.


Schedule 1        Amendments

  

(regulation 3)

[1]         Regulation 3

substitute

3              Warrants

                The following forms are prescribed:

                (a)    for section 45 of the Act — form 1 in Schedule 3;

               (b)    for section 45A of the Act — form 2 in Schedule 3;

                (c)    for section 46 of the Act — form 3 in Schedule 3;

               (d)    for section 46A of the Act — form 4 in Schedule 3;

                (e)    for section 48 of the Act — form 5 in Schedule 3.

[2]         Schedules 3, 3A, 4, 4A and 5

substitute

Schedule 3        Forms

(regulation 3)

Form 1               Interception warrant — class 1 offences

Commonwealth of Australia

Telecommunications (Interception) Act 1979

Warrant for interception of telecommunications service in relation to class 1 offence

 

Telecommunications service

[number assigned to the service; any other known unique identifying factors]

Particular person of interest

[full known name, other known names, other known identifying information (eg date of birth)]

Applicant agency

[name]

1        Authorisation

(1)     I,                                                    , *an eligible Judge,/*a nominated AAT member, within the meaning of the Telecommunications (Interception) Act 1979, acting under section 45 of that 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 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 a particular person (namely, the person identified above) is using, or is likely to use, the service; and

             (d)      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 connection with the investigation by the agency of the following *class 1 offence/*class 1 offences, in which the person is involved:

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

and

              (e)      having regard to:

            (i)       the extent to which methods of investigating the *offence/*offences that do not involve intercepting communications have been used by, or are available to, the agency;

           (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 the 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.

2        Persons who may exercise this authority

This warrant may be exercised by any officer or staff member of the applicant agency, or another agency, to whom an approval under subsection 55 (3) of the Telecommunications (Interception) Act 1979 applies in relation to the warrant, or the class of warrants to which it belongs.

3        Period of validity

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

#4      Conditions or restrictions

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

[details of conditions or restrictions].

Dated

*Judge/*nominated AAT member

*   Omit word or words if inapplicable

#   Omit provision if inapplicable

Form 2               Named person warrant — class 1 offences

Commonwealth of Australia

Telecommunications (Interception) Act 1979

Warrant for interception of communications service of named person in relation to class 1 offence

 

Particular person of interest

[full known name, other known names, other known identifying information (eg date of birth)]

Applicant agency

[name]

1        Authorisation

(1)     I,                                                    , *an eligible Judge,/*a nominated AAT member, within the meaning of the Telecommunications (Interception) Act 1979, acting under section 45A of that Act, authorise interceptions of communications made to or from any telecommunications service that the named person mentioned above is using, or is likely to use.

(2)     I am 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/*class 1 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.

2        Persons who may exercise this authority

This warrant may be exercised by any officer or staff member of the applicant agency, or another agency, to whom an approval under subsection 55 (3) of the Telecommunications (Interception) Act 1979 applies in relation to the warrant, or the class of warrants to which it belongs.

3        Period of validity

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

#4      Conditions or restrictions

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

[details of conditions or restrictions].

#5      Excluded services

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

[details and location of service(s)].

Dated

*Judge/*nominated AAT member

*   Omit word or words if inapplicable

#   Omit provision if inapplicable

Form 3               Interception warrant — class 2 offences

Commonwealth of Australia

Telecommunications (Interception) Act 1979

Warrant for interception of telecommunications service in relation to class 2 offence

 

Telecommunications service

[number assigned to the service; any other known unique identifying factors]

Particular person of interest

[full known name, other known names, other known identifying information (eg date of birth)]

Applicant agency

[name]

1        Authorisation

(1)     I,                                                    , *an eligible Judge,/*a nominated AAT member, within the meaning of the Telecommunications (Interception) Act 1979, acting under section 46 of that Act, issue this warrant authorising interceptions of communications made to or from the telecommunications service mentioned above.

(2)     I have been 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 a particular person (namely, the person identified above) is using or is likely to use, the service; and

             (d)      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 connection with the investigation by the agency of the following *class 1 offence/*class 1 offences, in which the person is involved:

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

and

              (e)      the warrant should be issued having regard to the following matters only:

                         (i)       how much the privacy of any person or persons would be likely to be interfered with by intercepting communications made to or from the service; and

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

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

                       (iv)       to what extent methods of investigating the *offence/*offences that do not involve so intercepting communications have been used by, or are available to, the agency; and

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

                       (vi)       how much the use of such methods would be likely to prejudice the investigation by the agency of the *offence/*offences, whether because of delay or for any other reason.

2        Persons who may exercise this authority

This warrant may be exercised by any officer or staff member of the applicant agency, or another agency, to whom an approval under subsection 55 (3) of the Telecommunications (Interception) Act 1979 applies in relation to the warrant, or the class of warrants to which it belongs.

3        Period of validity

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

#4      Conditions or restrictions

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

[details of conditions or restrictions].

Dated

*Judge/*nominated AAT member

*   Omit word or words if inapplicable

#   Omit provision if inapplicable

Form 4               Named person warrant — class 2 offences

Commonwealth of Australia

Telecommunications (Interception) Act 1979

Warrant for interception of communications service of named person in relation to class 2 offence

 

Particular person of interest

[full known name, other known names, other known identifying information (eg date of birth)]

Applicant agency

[name]

1        Authorisation

 (1)    I,                                                    , *an eligible Judge,/*a nominated AAT member, within the meaning of the Telecommunications (Interception) Act 1979, acting under section 46A of that Act, authorise interceptions of communications made to or from any telecommunications service that the named person mentioned above is using, or is likely to use.

(2)     I am 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 a particular person (namely, the person identified above) 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/*class 1 offences, in which that person is involved:

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

and

              (e)      the warrant should be issued having regard to the following matters only:

                         (i)       how much the privacy of any person or persons would be likely to be interfered with by intercepting communications made to or from the service; and

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

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

                       (iv)       to what extent methods of investigating the *offence/*offences that do not involve so intercepting communications have been used by, or are available to, the agency; and

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

                       (vi)       how much the use of such methods would be likely to prejudice the investigation by the agency of the *offence/*offences, whether because of delay or for any other reason.

2        Persons who may exercise this authority

This warrant may be exercised by any officer or staff member of the applicant agency, or another agency, to whom an approval under subsection 55 (3) of the Telecommunications (Interception) Act 1979 applies in relation to the warrant, or the class of warrants to which it belongs.

3        Period of validity

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

#4      Conditions or restrictions

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

[details of conditions or restrictions].

#5      Excluded services

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

[details and location of service(s)].

Dated

*Judge/*nominated AAT member

*   Omit word or words if inapplicable

#   Omit provision if inapplicable

Form 5               Entry on premises and interception warrant

Commonwealth of Australia

Telecommunications (Interception) Act 1979

Warrant for entry on premises and interception of communications

 

Premises

[description and location of premises including business name, operating name, other known names, other known identifying information]

Telecommunications service

[number assigned to the service; any other known unique identifying factors]

Particular person of interest

[full known name, other known names, other known identifying information (eg date of birth)]

Applicant agency

[name]

1        Authorisation

(1)     I,                                                    , *an eligible Judge,/*a nominated AAT member, within the meaning of the Telecommunications (Interception) Act 1979, acting under section 48 of that Act, issue this warrant authorising:

              (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)     I am satisfied:

              (a)      that subsection 48 (2) of the Act has been complied with in relation to the application; and

              (b)      on the basis of the information given to me by the applicant agency — that:

           (i)      under section 45 or 46 of the Act, as the case may be, I am empowered to issue a warrant; and

                       (ii)      information that would be likely to be obtained by intercepting, under a warrant, communications made to or from the telecommunications service, would be likely to assist in connection with the investigation by the agency of the following *class 1 offence /*class 1 offences /*class 2 offence /*class 2 offences, in which a particular person (namely, the person identified above) is involved:

                                 [short particulars of the *class 1 offence /*class 1 offences /*class 2 offence /*class 2 offences]; and

              (c)      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:

                        (i)      for technical reasons connected with the operation of the service or of a telecommunications system of which the service forms a part; or

                       (ii)      because execution of the warrant as a result of action taken by, or on behalf of, a carrier might jeopardise the security of the investigation, by the applicant agency, of a serious offence in which a person to whom the application relates in involved.

(3)     This warrant authorises:

               (a)     entry on the premises:

                        (i)      *during the hours of/*at any time of the day or night, for the purposes of installing, maintaining, using or recovering any equipment used to intercept communications made to or from the premises; 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].

2        Persons who may exercise this authority

This warrant applies to any officer or staff member of the applicant agency, or another agency, to whom an approval under subsection 55 (3) of the Telecommunications (Interception) Act 1979 applies in relation to the warrant, or the class of warrants to which it belongs.

3        Period of validity

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

#4      Conditions or restrictions

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

[details of conditions or restrictions].

Dated

*Judge/*nominated AAT member

*   Omit word or words if inapplicable

#   Omit provision if inapplicable


Notes

1.       These Regulations amend Statutory Rules 1987 No. 329, as amended by 1994 No. 5; 1997 No. 421; 2000 No. 180.

2.       Notified in the Commonwealth of Australia Gazette on 8 December 2000.