Federal Register of Legislation - Australian Government

Primary content

SR 1987 No. 329 Regulations as amended, taking into account amendments up to Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015
Principal Regulations
Administered by: Attorney-General's
Registered 31 Aug 2015
Start Date 01 Jul 2015
End Date 15 Oct 2015
Date of repeal 22 Dec 2017
Repealed by Telecommunications (Interception and Access) Regulations 2017
Table of contents.

Telecommunications (Interception and Access) Regulations 1987

Statutory Rules No. 329, 1987

made under the

Telecommunications (Interception and Access) Act 1979

Compilation No. 14

Compilation date:                              1 July 2015

Includes amendments up to:            SLI No. 90, 2015

Registered:                                         31 August 2015

 

About this compilation

This compilation

This is a compilation of the Telecommunications (Interception and Access) Regulations 1987 that shows the text of the law as amended and in force on 1 July 2015 (the compilation date).

This compilation was prepared on 26 August 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of Regulations........................................................................... 1

2............ Definition............................................................................................ 1

2AB...... Criminal organisation—prescribed provisions.................................... 1

2A......... Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts               1

3............ Warrants authorising agencies to intercept telecommunications—prescribed forms 1

4............ Stored communications warrant—prescribed form............................. 2

Schedule 1—Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts                                                                                  3

Schedule 3—Forms                                                                                                       4

Form 1—Telecommunications service warrant                                                   4

Form 2—Telecommunications service warrant—B‑party                            7

Form 3—Named person warrant—telecommunications services          11

Form 4—Named person warrant—telecommunications devices            15

Form 5—Warrant for entry on premises and interception of communications  19

Form 6—Stored communications warrant                                                           23

Endnotes                                                                                                                                    27

Endnote 1—About the endnotes                                                                            27

Endnote 2—Abbreviation key                                                                                29

Endnote 3—Legislation history                                                                             30

Endnote 4—Amendment history                                                                           31


 

 

1  Name of Regulations

                   These Regulations are the Telecommunications (Interception and Access) Regulations 1987.

2  Definition

                   In these Regulations:

Act means the Telecommunications (Interception and Access) Act 1979.

2AB  Criminal organisation—prescribed provisions

                   Section 7 of the Serious Crime Control Act (NT) is prescribed for paragraph (b) of the definition of criminal organisation in subsection 5(1) of the Act.

Note:          Section 7 of the Serious Crime Control Act (NT) describes an organisation declared under section 15 of that Act.

2A  Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts

                   For paragraph 6K(c) of the Act, an Act mentioned in column 2 of an item in Schedule 1 is a prescribed Act.

3  Warrants authorising agencies to intercept telecommunications—prescribed forms

                   For subsection 49(1) of the Act, the following forms are prescribed:

                     (a)  for a warrant issued under section 46 of the Act to which subparagraph 46(1)(d)(i) of the Act applies—Form 1 in Schedule 3;

                     (b)  for a warrant issued under section 46 of the Act to which subparagraph 46(1)(d)(ii) of the Act applies—Form 2 in Schedule 3;

                     (c)  for a warrant issued under section 46A of the Act to which subparagraph 46A(1)(d)(i) of the Act applies—Form 3 in Schedule 3;

                     (d)  for a warrant issued under section 46A of the Act to which subparagraph 46A(1)(d)(ii) of the Act applies—Form 4 in Schedule 3;

                     (e)  for a warrant issued under section 48 of the Act—Form 5 in Schedule 3.

4  Stored communications warrant—prescribed form

                   For paragraph 118(1)(a) of the Act, form 6 in Schedule 3 is prescribed.


Schedule 1Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts

(regulation 2A)

  

 

Item

Act

1

Proceeds of Crime Act 2002

2

Confiscation of Proceeds of Crime Act 1989 (NSW)

3

Criminal Assets Recovery Act 1990 (NSW)

4

Confiscation Act 1997 (Vic)

5

Criminal Proceeds Confiscation Act 2002 (Qld)

6

Criminal Property Confiscation Act 2000 (WA)

7

Criminal Assets Confiscation Act 1996 (SA)

8

Criminal Assets Confiscation Act 2005 (SA)

9

Crime (Confiscation of Profits) Act 1993 (Tas)

10

Confiscation of Criminal Assets Act 2003 (ACT)

11

Criminal Property Forfeiture Act 2002 (NT)

Schedule 3Forms

(regulations 3 and 4)

Form 1Telecommunications service warrant

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT

 

Telecommunications service

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

Particular person

[full known name, other known names, other known identifying information (eg 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 mentioned 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 applicant agency of the following *serious offence/*serious offences, in which the particular person is involved:

                [short particulars of the serious offence or serious 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, under a warrant, communications made to or from the service;

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

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

                (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 applicant agency;

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

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

2              Persons who may exercise this authority

Under subsection 55 (1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, 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 2Telecommunications service warrant—B‑party

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT — B‑PARTY

 

Telecommunications service

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

Particular person

[full known name, other known names, other known identifying information (eg 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 mentioned 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 applicant agency of the following *serious offence/*serious offences, in which another person is involved, with whom the particular person is likely to communicate using the service:

                [short particulars of the serious offence or serious 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, under a warrant, communications made to or from the service;

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

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

                (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 applicant agency;

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

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

(3)    I am satisfied that:

      *the applicant agency has exhausted all other practicable methods of identifying the services used, or likely to be used, by the person involved in the *serious offence/*serious offences being investigated.

*interception of communications made to or from a service used or likely to be used by the person involved in the *serious offence/*serious offences being investigated would not otherwise be possible.

2              Persons who may exercise this authority

Under subsection 55 (1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, 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 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 3Named person warrant—telecommunications services

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

NAMED PERSON WARRANT — TELECOMMUNICATIONS SERVICES

 

Particular person
(named person)

[full known name, other known names, other known identifying information (eg 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 46A of the 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 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 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 *serious offence/ *serious offences, in which the named person is involved:

                [short particulars of the serious offence or serious 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 under a warrant, communications made to or from any telecommunications service used, or likely to be used, by the named person;

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

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

                (iv)    to what extent 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 applicant agency;

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

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

2              Persons who may exercise this authority

Under subsection 55 (1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, 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

*General

Interceptions under this warrant are subject to the following restrictions:

[details of restrictions].

*Excluded telecommunications services

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

[details and location of service(s)].

 

Dated

…………………………………..

*Judge/*nominated AAT member

*   Omit if not applicable

Form 4Named person warrant—telecommunications devices

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

NAMED PERSON WARRANT — TELECOMMUNICATIONS DEVICES

 

Particular person
(named person)

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

Particular telecommunications *device/*devices

[For each telecommunication device, the unique number assigned to the device (if known) and other known unique identifying factors]

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 46A of the Act, authorise interceptions of communications made by means of the particular telecommunications *device/*devices 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 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 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 by means of the particular telecommunications *device/*devices 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 *serious offence/*serious offences, in which the named person is involved:

                [short particulars of the serious offence or serious 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 under a
warrant, communications made by means of the particular telecommunications *device/*devices used, or likely to be used, by the named person;

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

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

                (iv)    to what extent 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 applicant agency;

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

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

(3)    I am satisfied that:

*there are no other practicable methods available to the applicant agency at the time of making the application to identify the telecommunications services used, or likely to be used, by the named person.

*interception of communications made to or from a telecommunications service used or likely to be used by the named person would not otherwise be practicable.

2              Persons who may exercise this authority

Under subsection 55 (1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, 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 5Warrant for entry on premises and interception of communications

Commonwealth of Australia

Telecommunications (Interception and Access) 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 and other known identifying information]

Telecommunications service

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

Particular person

[full known name, other known names, other known identifying information (eg 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 48 of the 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)  This warrant authorises:

     (a)       entry on the premises:

                  (i)    *at any time of the day or night/*during the hours of [specify hours during which entry on the premises is authorised], for the purposes mentioned in paragraph (1) (a); 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].

(3)  I am satisfied:

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

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

                  (i)    section 46 of the Act would empower me to issue a warrant if the application had been made under that section; and

                 (ii)    Division 3 of Part 2‑5 of the Act has been complied with in relation to this application; and

                (iii)    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 applicant agency of the following *serious offence/*serious offences, in which

                         *the particular person mentioned above is involved:

                         *another person is involved, with whom the particular person mentioned above is likely to communicate using the service:

                         [short particulars of the serious offence or serious 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:

                *for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.

                 *because, if the warrant were issued under section 46, communications to or from the telecommunications service would be intercepted while passing over a telecommunications system and execution of the warrant as a result of action taken by employees of that 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 is involved.

2              Persons who may exercise this authority

Under subsection 55 (1) of the Act, the authority conferred by this warrant applies to an officer or staff member of the applicant agency, or another agency, 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 [specify date].

[specify a date that is:

(a)     if subparagraph 46 (1) (d) (ii) of the Act would apply if the application had been made under section 46 of the Act — not more than 45 days away; or

(b)     otherwise — 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 6Stored communications warrant

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

STORED COMMUNICATIONS WARRANT

 

Person in respect of whom warrant is issued

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

Applicant enforcement agency

[name]

Person making application on behalf of applicant enforcement agency

[full name]

Note   See subsections 119 (4) and (5) of the Act in relation to issuing a further warrant in respect of a person in respect of whom a previous warrant was issued.

1              Authorisation

(1)  I, [name], an issuing authority within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 116 of the Act, authorise the accessing of any stored communication:

     (a)       that was made by the person mentioned above, or that another person has made and for which the intended recipient is the person mentioned above; and

     (b)       that becomes, or became, a stored communication before the warrant is first executed in relation to the carrier that holds the communication.

(2)  I am satisfied, on the basis of the information given to me by the applicant enforcement agency, that:

     (a)       Division 1 of Part 3‑3 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 *a particular carrier holds/*particular carriers hold stored communications:

                  (i)    that the person mentioned above has made; or

                 (ii)    that another person has made and for which the person mentioned above is the intended recipient; and

     (d)       information that would be likely to be obtained by accessing those stored communications under a stored communications warrant would be likely to assist in connection with the investigation
by the applicant enforcement agency of the following *serious contravention/*serious contraventions, in which the person mentioned above is involved:

                [short particulars of each serious contravention]; 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 accessing those stored communications under a stored communications warrant; and

                 (ii)    the gravity of the conduct constituting each serious contravention 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 applicant enforcement agency of each serious contravention; and

                (iv)    to what extent the methods of investigating each serious contravention that do not involve the use of a stored communications warrant in relation to the person mentioned above have been used by, or are available to, the applicant enforcement agency; and

                 (v)    how much the use of such methods would be likely to assist in connection with the investigation by the applicant enforcement agency of each serious contravention; and

                (vi)    how much the use of such methods would be likely to prejudice the investigation by the applicant enforcement agency of each serious contravention, whether because of delay or for any other reason.

2              Persons who may exercise this authority

Under section 127 of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant enforcement agency, or another enforcement agency, in relation to whom an approval under subsection 127 (2) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.

3              Duration of warrant

(1)  Under section 125 of the Act, this warrant comes into force when it is issued.

*(2)  Under subsection 119 (1) of the Act, this warrant remains in force until the occurrence of the sooner of the following:

     (a)       the warrant is first executed;

     (b)       the end of the period of 5 days after the day on which it was issued.

[Complete the above subclause only if the warrant relates to 1 or more telecommunication services that are all operated by the same carrier]

*(2)  Under subsection 119 (2) of the Act, this warrant remains in force, to the extent that it relates to a telecommunications service operated by a particular carrier, until the occurrence of the sooner of the following:

     (a)       the warrant is first executed in relation to a telecommunications service operated by that particular carrier;

     (b)       the end of the period of 5 days after the day on which it was issued.

[Complete the above subclause only if the warrant relates to 2 or more telecommunications services that are not all operated by the same carrier]

*4            Conditions

The accessing of stored communications under this warrant is subject to the following conditions:

[details of conditions].

*5            Restrictions

The accessing of stored communications under this warrant is subject to the following restrictions:

[details of restrictions].

Dated

……………………..

Issuing Authority

*   Omit if not applicable


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

329, 1987

11 Jan 1988

1 Sept 1988 (gaz 1988, No S256)

 

5, 1994

1 Feb 1994

1 Feb 1994 (r 1)

421, 1997

24 Dec 1997

1 Feb 1998 (r 1)

180, 2000

12 July 2000

12 July 2000 (r 2)

325, 2000

8 Dec 2000

8 Dec 2000 (r 2)

85, 2001

10 May 2001

10 May 2001 (r 2)

184, 2002

15 Aug 2002

15 Aug 2002 (r 2)

302, 2005

16 Dec 2005 (F2005L04097)

17 Dec 2005 (r 2)

116, 2006

2 June 2006 (F2006L01621)

r 1–3 and Sch 1: 13 June 2006 (r 2(a))
Remainder: 1 July 2006 (r 2(b))

293, 2006

17 Nov 2006 (F2006L03703)

18 Nov 2006 (r 2)

237, 2007

10 Aug 2007 (F2007L02415)

20 Aug 2007 (r 2)

105, 2008

20 June 2008 (F2008L02095)

21 June 2008 (r 2)

28, 2013

21 Mar 2013 (F2013L00519)

22 Mar 2013 (s 2)

90, 2015

19 June 2015 (F2015L00854)

Sch 1 (item 195): 1 July 2015 (s 2(1) item 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r. 1......................................

rs. 2000 No. 180; 2006 No. 116

r. 2......................................

rs. 2006 No. 116

r. 2AA................................. ............................................

ad. 2008 No. 105

 

rep No 90, 2015

r. 2AB.................................

ad. No. 28, 2013

r. 2A....................................

ad. 2002 No. 184

 

rs. 2005 No. 302

r. 3......................................

am. 1994 No. 5

 

rs. 2000 Nos. 180 and 325; 2006 No. 116; 2007 No. 237

r. 4......................................

ad. 2006 No. 116

Schedules 1, 2.....................

rep. 1994 No. 5

Schedule 1

 

Schedule 1...........................

ad. 2005 No. 302

Schedule 3

 

Heading to Schedule 3.........

rs. 2000 Nos. 180 and 325; 2006 No. 116

Schedule 3...........................

am. 1994 No. 5; 1997 No. 421

 

rs. 2000 No. 325

 

am. 2001 No. 85; 2006 Nos. 116 and 293; 2007 No. 237

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