Federal Register of Legislation - Australian Government

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SR 1987 No 329 Regulations as amended, taking into account amendments up to SR 2002 No. 184
Administered by: Attorney-General's
Start Date 15 Aug 2002
End Date 16 Dec 2005
Date of repeal 22 Dec 2017
Repealed by Telecommunications (Interception and Access) Regulations 2017

TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987



Compilation Information

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Telecommunications (Interception) Regulations 1987

Statutory Rules 1987 No. 329 as amended
made under the
Telecommunications (Interception) Act 1979
This compilation was prepared on 15 August 2002
taking into account amendments up to SR 2002 No. 184
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra


TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
- REG 1
Name of Regulations [see Note 1]

These Regulations are the Telecommunications (Interception) Regulations 1987.

TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
- REG 2
Interpretation

In these Regulations:

the Act means the Telecommunications (Interception) Act 1979.

TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
- REG 2A
Emergency services numbers

For paragraph 6 (2A) (b) of the Act, each of the following telephone numbers is specified:

* 000

* 106

* 112.

TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
- REG 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.

TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
Schedule 3 Forms

(regulation 3)

TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
Form 1 Interception warrant — class 1 offences

Commonwealth of Australia

Telecommunications (Interception) Act 1979

Warrant for interception of telecommunications service in relation to

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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


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TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
Form 2 Named person warrant — class 1 offences

Commonwealth of Australia

Telecommunications (Interception) Act 1979

Warrant for interception of communications 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 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 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].

#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

TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
Form 3 Interception warrant — class 2 offences

Commonwealth of Australia

Telecommunications (Interception) Act 1979


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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, 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 2 offence/*class 2 offences, in which the person is involved:
[short particulars of the class 2 *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 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].


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Dated
*Judge/*nominated AAT member
*   Omit word or words if inapplicable
#   Omit provision if inapplicable

TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
Form 4 Named person warrant — class 2 offences

Commonwealth of Australia

Telecommunications (Interception) Act 1979

Warrant for interception of communications 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 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/*class 2 offences, in which that person is involved:
[short particulars of the class 2 *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) 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 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


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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

TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
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, authorise:
(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 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

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(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 agency, of a serious offence in which a person to whom the application relates is 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

TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS 1987
Notes to the Telecommunications (Interception) Regulations 1987

Note 1

The Telecommunications (Interception) Regulations 1987 (in force under the Telecommunications (Interception) Act 1979) as shown in this compilation comprise Statutory Rules 1987 No. 329 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1987 No. 329
11 Jan 1988
1 Sept 1988 (see Gazette 1988, No. S256)

1994 No. 5
1 Feb 1994
1 Feb 1994 (see r. 1 and Gazette 1994, No. S27)

1997 No. 421
24 Dec 1997
1 Feb 1998

2000 No. 180
12 July 2000
12 July 2000

2000 No. 325
8 Dec 2000
8 Dec 2000

2001 No. 85
10 May 2001
10 May 2001

2002 No. 184
15 Aug 2002
15 Aug 2002

Table

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of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 2000 No. 180
R. 2A
ad. 2002 No. 184
R. 3
am. 1994 No. 5

rs. 2000 Nos. 180 and 325
Schedules 1, 2
rep. 1994 No. 5
Heading to Schedule 3
rs. 2000 Nos. 180 and 325
Schedule 3
am. 1994 No. 5; 1997 No. 421

rs. 2000 No. 325

am. 2001 No. 85
Schedule 3A
ad. 2000 No. 180

rep. 2000 No. 325
Heading to Schedule 4
rs. 2000 No. 180

rep. 2000 No. 325
Schedule 4
am. 1994 No. 5; 1997 No. 421

rep. 2000 No. 325
Schedule 4A
ad. 2000 No. 180

rep. 2000 No. 325
Schedule 5
am. 1994 No. 5; 1997 No. 421; 2000 No. 180

rep. 2000 No. 325