{"id":"F2017L01701","name":"Telecommunications (Interception and Access) Regulations 2017","slug":"telecommunications-interception-and-access-regulations-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96600,"registerId":"commonwealth-F2017L01701-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Telecommunications (Interception and Access) Regulations 2017.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Telecommunications (Interception and Access) Act 1979.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> Act means the Telecommunications (Interception and Access) Act 1979.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"General matters","content":"## Part 2—General matters","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Criminal organisation—prescribed provision","content":"#### 6 Criminal organisation—prescribed provision\n\n For the purposes of paragraph (b) of the definition of criminal organisation in subsection 5(1) of the Act, section 7 of the Serious Crime Control Act 2009 (NT) is prescribed.\n\n> Note: Section 7 of the Serious Crime Control Act 2009 (NT) describes an organisation declared under section 15 of that Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts","content":"#### 7 Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts\n\n For the purposes of paragraph 6K(c) of the Act, each of the following is prescribed:\n (a) the Proceeds of Crime Act 2002;\n (b) the Confiscation of Proceeds of Crime Act 1989 (NSW);\n (c) the Criminal Assets Recovery Act 1990 (NSW);\n (d) the Confiscation Act 1997 (Vic);\n (e) the Criminal Proceeds Confiscation Act 2002 (Qld);\n (f) the Criminal Property Confiscation Act 2000 (WA);\n (g) the Criminal Assets Confiscation Act 2005 (SA);\n (h) the Crime (Confiscation of Profits) Act 1993 (Tas);\n (i) the Confiscation of Criminal Assets Act 2003 (ACT);\n (j) the Criminal Property Forfeiture Act 2002 (NT).","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Warrants authorising agencies to intercept telecommunications—prescribed forms","content":"#### 8 Warrants authorising agencies to intercept telecommunications—prescribed forms\n\n For the purposes of subsection 49(1) of the Act, the following forms are prescribed:\n (a) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(i) of the Act applies—Form 1 in Schedule 1;\n (b) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(ii) of the Act applies—Form 2 in Schedule 1;\n (ba) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(i) of the Act applies—Form 2A in Schedule 1;\n (bb) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(ii) of the Act applies—Form 2B in Schedule 1;\n (bc) for a warrant issued under subsection 46(7) of the Act—Form 2C in Schedule 1;\n (bd) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(i) of the Act applies—Form 2D in Schedule 1;\n (be) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(ii) of the Act applies—Form 2E in Schedule 1;\n (bf) for a warrant issued under subsection 46(12) of the Act—Form 2F in Schedule 1;\n (c) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(i) of the Act applies—Form 3 in Schedule 1;\n (d) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(ii) of the Act applies—Form 4 in Schedule 1;\n (e) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(i) of the Act applies—Form 4A in Schedule 1;\n (f) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(ii) of the Act applies—Form 4B in Schedule 1;\n (fa) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(i) of the Act applies—Form 4C in Schedule 1;\n (fb) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(ii) of the Act applies—Form 4D in Schedule 1;\n (fc) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(i) of the Act applies—Form 4E in Schedule 1;\n (fd) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(ii) of the Act applies—Form 4F in Schedule 1;\n (fe) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(i) of the Act applies—Form 4G in Schedule 1;\n (ff) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(ii) of the Act applies—Form 4H in Schedule 1;\n (g) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(1) of the Act—Form 5 in Schedule 1;\n (h) for a control order warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(4) of the Act—Form 5A in Schedule 1;\n (i) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(7) of the Act—Form 5B in Schedule 1;\n (j) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(9) of the Act—Form 5C in Schedule 1;\n (k) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(12) of the Act—Form 5D in Schedule 1.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Stored communications warrant—prescribed form","content":"#### 9 Stored communications warrant—prescribed form\n\n For the purposes of paragraph 118(1)(a) of the Act, the following forms are prescribed:\n (a) for a stored communications warrant issued as a result of an application other than an international assistance application—Form 6 in Schedule 1;\n (b) for a stored communications warrant issued as a result of an international assistance application—Form 6A in Schedule 1.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Journalist information warrant—prescribed form","content":"#### 10 Journalist information warrant—prescribed form\n\n For the purposes of subsection 180U(1) of the Act, Form 7 in Schedule 1 is prescribed.","sortOrder":9},{"sectionNumber":"10A","sectionType":"section","heading":"Identifying and blocking malicious SMS messages","content":"#### 10A Identifying and blocking malicious SMS messages\n\n (1) For the purposes of subsection 7(2A) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 7(2)(a) of the Act effectively.\n (2) For the purposes of subsection 108(4) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 108(2)(d) of the Act effectively.\n Matters to which court is to have regard\n (3) For the purposes of subsections (1) and (2), the matters are the following:\n (a) the impacts of malicious SMS messages, and actions taken by users of telecommunications systems in response to those messages, on the operation and maintenance of telecommunications systems;\n (b) the extent to which the act or thing assists in identifying and blocking malicious SMS messages;\n (c) community expectations that malicious SMS messages should be identified and blocked;\n (d) the financial or psychological harm caused, or likely to be caused, by malicious SMS messages;\n (e) the extent to which the act or thing is done in a way that minimises any impacts on users of telecommunications systems, including any impacts on the privacy of users.\n (4) To avoid doubt, nothing in this section limits the matters that a court may have regard to.\n Malicious SMS messages\n (5) For the purposes of this section, an SMS message is a message communicated by means of a short message service or a multimedia message service.\n (6) For the purposes of this section, an SMS message is a malicious SMS message if:\n (a) the SMS message contains a link or a telephone number; and\n (b) the purpose, or apparent purpose, of the SMS message is to mislead or deceive a recipient of the SMS message into using the link or telephone number; and\n (c) the recipient would be likely to suffer detriment as a result of using the link or telephone number.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Access to telecommunications data","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Telecommunications (Interception and Access) Regulations 2017.\n\n#### 3 Authority\n\n This instrument is made under the Telecommunications (Interception and Access) Act 1979.\n\n#### 5 Definitions\n\n In this instrument:\n\n> Act means the Telecommunications (Interception and Access) Act 1979.\n\n## Part 2—General matters\n\n#### 6 Criminal organisation—prescribed provision\n\n For the purposes of paragraph (b) of the definition of criminal organisation in subsection 5(1) of the Act, section 7 of the Serious Crime Control Act 2009 (NT) is prescribed.\n\n> Note: Section 7 of the Serious Crime Control Act 2009 (NT) describes an organisation declared under section 15 of that Act.\n\n#### 7 Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts\n\n For the purposes of paragraph 6K(c) of the Act, each of the following is prescribed:\n (a) the Proceeds of Crime Act 2002;\n (b) the Confiscation of Proceeds of Crime Act 1989 (NSW);\n (c) the Criminal Assets Recovery Act 1990 (NSW);\n (d) the Confiscation Act 1997 (Vic);\n (e) the Criminal Proceeds Confiscation Act 2002 (Qld);\n (f) the Criminal Property Confiscation Act 2000 (WA);\n (g) the Criminal Assets Confiscation Act 2005 (SA);\n (h) the Crime (Confiscation of Profits) Act 1993 (Tas);\n (i) the Confiscation of Criminal Assets Act 2003 (ACT);\n (j) the Criminal Property Forfeiture Act 2002 (NT).\n\n#### 8 Warrants authorising agencies to intercept telecommunications—prescribed forms\n\n For the purposes of subsection 49(1) of the Act, the following forms are prescribed:\n (a) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(i) of the Act applies—Form 1 in Schedule 1;\n (b) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(ii) of the Act applies—Form 2 in Schedule 1;\n (ba) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(i) of the Act applies—Form 2A in Schedule 1;\n (bb) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(ii) of the Act applies—Form 2B in Schedule 1;\n (bc) for a warrant issued under subsection 46(7) of the Act—Form 2C in Schedule 1;\n (bd) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(i) of the Act applies—Form 2D in Schedule 1;\n (be) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(ii) of the Act applies—Form 2E in Schedule 1;\n (bf) for a warrant issued under subsection 46(12) of the Act—Form 2F in Schedule 1;\n (c) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(i) of the Act applies—Form 3 in Schedule 1;\n (d) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(ii) of the Act applies—Form 4 in Schedule 1;\n (e) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(i) of the Act applies—Form 4A in Schedule 1;\n (f) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(ii) of the Act applies—Form 4B in Schedule 1;\n (fa) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(i) of the Act applies—Form 4C in Schedule 1;\n (fb) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(ii) of the Act applies—Form 4D in Schedule 1;\n (fc) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(i) of the Act applies—Form 4E in Schedule 1;\n (fd) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(ii) of the Act applies—Form 4F in Schedule 1;\n (fe) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(i) of the Act applies—Form 4G in Schedule 1;\n (ff) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(ii) of the Act applies—Form 4H in Schedule 1;\n (g) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(1) of the Act—Form 5 in Schedule 1;\n (h) for a control order warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(4) of the Act—Form 5A in Schedule 1;\n (i) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(7) of the Act—Form 5B in Schedule 1;\n (j) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(9) of the Act—Form 5C in Schedule 1;\n (k) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(12) of the Act—Form 5D in Schedule 1.\n\n#### 9 Stored communications warrant—prescribed form\n\n For the purposes of paragraph 118(1)(a) of the Act, the following forms are prescribed:\n (a) for a stored communications warrant issued as a result of an application other than an international assistance application—Form 6 in Schedule 1;\n (b) for a stored communications warrant issued as a result of an international assistance application—Form 6A in Schedule 1.\n\n#### 10 Journalist information warrant—prescribed form\n\n For the purposes of subsection 180U(1) of the Act, Form 7 in Schedule 1 is prescribed.\n\n#### 10A Identifying and blocking malicious SMS messages\n\n (1) For the purposes of subsection 7(2A) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 7(2)(a) of the Act effectively.\n (2) For the purposes of subsection 108(4) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 108(2)(d) of the Act effectively.\n Matters to which court is to have regard\n (3) For the purposes of subsections (1) and (2), the matters are the following:\n (a) the impacts of malicious SMS messages, and actions taken by users of telecommunications systems in response to those messages, on the operation and maintenance of telecommunications systems;\n (b) the extent to which the act or thing assists in identifying and blocking malicious SMS messages;\n (c) community expectations that malicious SMS messages should be identified and blocked;\n (d) the financial or psychological harm caused, or likely to be caused, by malicious SMS messages;\n (e) the extent to which the act or thing is done in a way that minimises any impacts on users of telecommunications systems, including any impacts on the privacy of users.\n (4) To avoid doubt, nothing in this section limits the matters that a court may have regard to.\n Malicious SMS messages\n (5) For the purposes of this section, an SMS message is a message communicated by means of a short message service or a multimedia message service.\n (6) For the purposes of this section, an SMS message is a malicious SMS message if:\n (a) the SMS message contains a link or a telephone number; and\n (b) the purpose, or apparent purpose, of the SMS message is to mislead or deceive a recipient of the SMS message into using the link or telephone number; and\n (c) the recipient would be likely to suffer detriment as a result of using the link or telephone number.\n\n## Part 3—Access to telecommunications data\n\n### Division 1—Journalist information warrants\n\n#### 11 Public Interest Advocate to be given proposed journalist information warrant requests made by the Director‑General of Security\n\n (1) Before requesting a journalist information warrant under section 180J of the Act, the Director‑General of Security must ensure that a copy of the proposed request is given to a Public Interest Advocate who:\n (a) has been cleared for security purposes to the same level, and at the same frequency, as that required of an ASIO employee; or\n (b) satisfies paragraph 18(1)(b) of this instrument.\n (2) If:\n (a) a copy of a proposed request is given to a Public Interest Advocate, as required by subsection (1); and\n (b) subparagraph 13(1)(b)(ii) applies;\n the Director‑General of Security must ensure that a copy of the proposed request is given to another Public Interest Advocate in accordance with this section.\n\n#### 12 Public Interest Advocate to be given proposed journalist information warrant applications made by an enforcement agency\n\n (1) Before making a written application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is given a copy of the proposed application.\n (2) Before making an oral application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is notified of the proposed application.\n (3) If:\n (a) both:\n (i) a copy of a proposed application is given to a Public Interest Advocate, as required by subsection (1); and\n (ii) subparagraph 13(1)(b)(ii) applies; or\n (b) both:\n (i) a Public Interest Advocate is notified of a proposed application, as required by subsection (2); and\n (ii) the Public Interest Advocate advises that he or she is unable to attend the hearing of the application;\n the person making the application must ensure that a copy of the proposed application is given to another Public Interest Advocate in accordance with this section.\n\n#### 13 Public Interest Advocate to deal with proposed journalist information warrant requests and applications\n\n Requests and written applications\n (1) Upon receiving a proposed request by the Director‑General of Security or written application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate:\n (a) may consider the proposed request or application; and\n (b) must, as soon as reasonably practicable, advise the applicant that:\n (i) he or she will prepare a submission in relation to the proposed request or application; or\n (ii) he or she is unable to prepare a submission in relation to the proposed request or application.\n Oral applications\n (2) Upon being notified about a proposed oral application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate must advise the applicant whether he or she is able to attend the hearing of the application.\n\n> Note: See section 15.\n\n Further information relating to requests or applications\n (3) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it;\n then:\n (c) in the case of a request by the Director‑General of Security for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed request for such a warrant; and\n (d) in the case of a written application by an enforcement agency for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed written application for such a warrant; and\n (e) in the case of an oral application by an enforcement agency for a journalist information warrant, subsection (2) applies as if the further information or summary were a proposed oral application for such a warrant.\n\n#### 14 Public Interest Advocate to prepare submissions\n\n Submission to be prepared\n (1) If subparagraph 13(1)(b)(i) applies, the relevant Public Interest Advocate must prepare a submission relating to the proposed request by the Director‑General of Security or application by an enforcement agency, and endeavour to do so within a reasonable period, but no later than 7 days after being given the proposed request or application.\n (2) The Public Interest Advocate must include in the submission the facts and considerations he or she considers:\n (a) are relevant to one or both of the following:\n (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);\n (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and\n (b) have not been satisfactorily addressed in the proposed request by the Director‑General of Security or application by the enforcement agency.\n (3) Subsection (2) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submission.\n (4) In determining what is a reasonable period to prepare the submission, the Public Interest Advocate must take into account:\n (a) the time that could reasonably be expected to be required to prepare the submission; and\n (b) the gravity of the matter in relation to which the proposed request or application relates; and\n (c) the urgency of the circumstances in which the proposed request or application is made; and\n (d) any other matter that the Public Interest Advocate considers relevant.\n Copy of submission to be given to relevant person\n (5) The Public Interest Advocate must, as soon as reasonably practicable, provide a copy of the submission to:\n (a) in the case of a proposed request by the Director‑General of Security—the Director‑General of Security; and\n (b) in the case of a proposed application by an enforcement agency—the following:\n (i) if the Public Interest Advocate knows the identity of the person who proposes to make the application on behalf of the enforcement agency and that person is available—that person;\n (ii) in any other case—the chief officer of the enforcement agency that is proposing to make the application.\n Submission to take into account further information\n (6) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it; and\n (c) subparagraph 13(1)(b)(i) applies;\n the Public Interest Advocate must update the submission, or prepare a new submission, relating to the request or application taking into account the further information or summary.\n (7) The Public Interest Advocate must endeavour to update the submission, or prepare the new submission, within a reasonable period, but no later than 7 days after being given the further information or summary.\n (8) Subsections (2) to (5) apply in relation to updating the submission or preparing the new submission.\n Late submissions\n (9) If a Public Interest Advocate provides a copy of the submission, or updated submission, after the end of the 7 day period mentioned in subsection (1) or (7), the Attorney‑General or Part 4‑1 issuing authority may consider the late submission or updated submission.\n\n#### 15 Public Interest Advocate’s attendance at hearing of oral application by an enforcement agency for a proposed journalist information warrant\n\n (1) A Public Interest Advocate may attend the hearing of an oral application by an enforcement agency for a journalist information warrant in person, or by telephone or other means of voice communication.\n (2) A Public Interest Advocate attending such a hearing may make submissions to the Part 4‑1 issuing authority hearing the application in the presence of the relevant enforcement agency.\n (3) Submissions made by the Public Interest Advocate must include the facts and considerations he or she considers:\n (a) are relevant to one or both of the following:\n (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);\n (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and\n (b) have not been satisfactorily addressed in the enforcement agency’s application.\n (4) Subsection (3) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submissions.\n (5) If:\n (a) further information is given to a relevant Part 4‑1 issuing authority in relation to an oral application; and\n (b) a Public Interest Advocate is also given the further information or a summary of it; and\n (c) the Public Interest Advocate has confirmed his or her availability to attend the hearing of the application;\n the Public Interest Advocate must update the submission made, or make a new submission, to the Part 4‑1 issuing authority taking into account the further information or summary.\n\n#### 16 Further information, or a copy or summary of information, to be given to Public Interest Advocate\n\n Further information relating to a request by the Director‑General of Security\n (1) If, under section 180K of the Act, the Attorney‑General requires the Director‑General of Security to give to the Attorney‑General further information in connection with a request made by the Director‑General of Security, the Attorney‑General may require that:\n (a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and\n (b) in the case of further information given orally—both:\n (i) the further information, or a summary of it, be given to a Public Interest Advocate; and\n (ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Attorney‑General or another form.\n (2) In deciding whether to act under subsection (1), the Attorney‑General may have regard to the following matters:\n (a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the request;\n (b) the gravity of the matter in relation to which the request relates;\n (c) the urgency of the circumstances in which the request is being made;\n (d) any other matter that the Attorney‑General considers relevant.\n Further information relating to an application by an enforcement agency\n (3) If, under section 180R of the Act, a Part 4‑1 issuing authority requires a person to give to the Part 4‑1 issuing authority further information in connection with an application by an enforcement agency, the Part 4‑1 issuing authority may require that:\n (a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and\n (b) in the case of further information given orally—both:\n (i) the further information, or a summary of it, be given to a Public Interest Advocate; and\n (ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Part 4‑1 issuing authority or another form.\n (4) In deciding whether to act under subsection (3), a Part 4‑1 issuing authority may have regard to the following matters:\n (a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the application;\n (b) the gravity of the matter in relation to which the application relates;\n (c) the urgency of the circumstances in which the application is being made;\n (d) any other matter that the Part 4‑1 issuing authority considers relevant.\n\n#### 17 Public Interest Advocate to return proposed journalist information warrant requests and applications\n\n (1) After a decision has been made to issue, or refuse to issue, a journalist information warrant, or a request or application for such a warrant is withdrawn, a Public Interest Advocate must:\n (a) in the case of a request by the Director‑General of Security—return the following to the Director‑General of Security:\n (i) the proposed request to which the warrant relates;\n (ii) any submission prepared by a Public Interest Advocate;\n (iii) any other document, or a copy of or extract from a document, relating to the proposed request; and\n (b) in the case of an application by an enforcement agency—return the following to the enforcement agency:\n (i) the proposed application to which the warrant relates;\n (ii) any submission prepared by a Public Interest Advocate;\n (iii) any other document, or a copy of or extract from a document, relating to the proposed application.\n (2) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it;\n the Public Interest Advocate must return the document containing the information or summary to the relevant person mentioned in subsection (1).\n\n### Division 2—Public Interest Advocates\n\n#### 18 Eligibility for appointment\n\n (1) Before declaring a person to be a Public Interest Advocate, the Prime Minister must be satisfied that:\n (a) the person is a King’s Counsel or Senior Counsel who has been cleared for security purposes to a level that the Prime Minister considers appropriate; or\n (aa) the person is practising as a barrister of a federal court or the Supreme Court of a State or Territory and:\n (i) for at least 10 years has engaged in practice as a barrister; and\n (ii) has experience in areas of law that the Prime Minister considers relevant; and\n (iii) has been cleared for security purposes to a level that the Prime Minister considers appropriate; or\n (b) the person has served as a judge of:\n (i) the High Court; or\n (ii) a court that is or was created by the Parliament under Chapter III of the Constitution; or\n (iii) the Supreme Court of a State or Territory; or\n (iv) an inferior court of a State or Territory;\n but no longer holds a commission as a judge of a court listed in this paragraph.\n (2) However, the following persons may not be declared as a Public Interest Advocate:\n (a) the Director‑General of Security or a Deputy Director‑General of Security;\n (b) an examiner;\n (c) the Director of Public Prosecutions or a person performing a similar function appointed under the law of a State or Territory;\n (d) the Solicitor‑General of the Commonwealth, or of a State or Territory;\n (e) a person who is employed by the Commonwealth, a State or Territory;\n (f) a member of the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory;\n (g) a Part 4‑1 issuing authority.\n\n#### 19 Term of appointment\n\n A Public Interest Advocate holds office for the period specified in the written instrument declaring the person to be a Public Interest Advocate. The period must not exceed 5 years.\n\n> Note: A Public Interest Advocate may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 20 Remuneration\n\n Entitlement to charge\n (1) A Public Interest Advocate may charge remuneration for the time spent by the Public Interest Advocate in the performance of his or her role as a Public Interest Advocate.\n (2) Such remuneration is to be borne:\n (a) in respect of a request for a journalist information warrant by the Director‑General of Security—by the Organisation; and\n (b) in respect of an application for a journalist information warrant by an enforcement agency—by the enforcement agency.\n Rate of remuneration\n (3) A Public Interest Advocate may charge for remuneration:\n (a) per day—at the daily rate payable to senior counsel without the approval of the Attorney‑General, as set out in Appendix D of the Legal Services Directions 2017; and\n (b) per hour—at one‑sixth of the maximum daily rate mentioned in paragraph (a), up to a maximum of 6 hours per day.\n\n#### 21 Disclosure of interests\n\n A Public Interest Advocate must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the Public Interest Advocate has or acquires and that conflicts or could conflict with the proper performance of his or her functions.\n\n#### 22 Conflicts of interest\n\n (1) A Public Interest Advocate must take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the proper performance of his or her functions as a Public Interest Advocate.\n (2) If the Public Interest Advocate believes that he or she has a conflict of interest (real or apparent) in relation to the subject‑matter of a proposed request by the Director‑General of Security or proposed application by an enforcement agency for a journalist information warrant, the Public Interest Advocate must:\n (a) in the case of a proposed request by the Director‑General of Security—advise the Director‑General of Security that he or she is unable to prepare a submission in relation to the proposed request; or\n (b) in the case of a proposed written application by an enforcement agency—advise the applicant that he or she is unable to prepare a submission in relation to the proposed application; or\n (c) in the case of a proposed oral application by an enforcement agency—advise the applicant that he or she is unable to attend the hearing of the application.\n (3) To avoid doubt, subsection (2) does not limit subparagraph 13(1)(b)(ii) or subsection 13(2).\n\n#### 23 Resignation\n\n (1) A Public Interest Advocate may resign from his or her position by giving the Prime Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Prime Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Prime Minister may revoke the declaration of a Public Interest Advocate:\n (a) for misbehaviour by the Public Interest Advocate; or\n (b) if the Public Interest Advocate is unable to perform his or her duties because of physical or mental incapacity.\n (2) The Prime Minister must revoke the declaration of a Public Interest Advocate if:\n (a) the Public Interest Advocate:\n (i) becomes bankrupt; or\n (ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with one or more of his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or\n (b) the Public Interest Advocate fails, without reasonable excuse, to comply with section 21 or 22; or\n (c) the Public Interest Advocate is a person mentioned in paragraph 18(1)(a) and either:\n (i) ceases to be a King’s Counsel or Senior Counsel; or\n (ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or\n (ca) the Public Interest Advocate is a person mentioned in paragraph 18(1)(aa) and either:\n (i) ceases to be a legal practitioner; or\n (ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or\n (d) the Public Interest Advocate holds a position mentioned in subsection 18(2).\n\n#### 25 Immunity from legal action\n\n No action, suit or proceeding may be brought against a person who is, or has been, a Public Interest Advocate in relation to anything done, or omitted to be done, in good faith by the Public Interest Advocate:\n (a) in the performance, or purported performance, of his or her functions; or\n (b) in the exercise, or purported exercise, or his or her powers.\n\n### Division 3—Miscellaneous\n\n#### 26 Arrangements with States and Territories\n\n Governor‑General may make arrangements\n (1) The Governor‑General may make arrangements with:\n (a) the Governor of a State (other than the Northern Territory); and\n (b) the Chief Minister for the Australian Capital Territory; and\n (c) the Administrator of the Northern Territory;\n with respect to the administration of provisions of the Act and this instrument relating to journalist information warrants.\n Lack of arrangement does not affect validity of exercise of power or performance of function\n (2) The validity of the performance of a function, or the exercise of a power, is not affected by the absence of an arrangement under this section covering the performance of the function, or exercise of the power, relating to the provisions mentioned in subsection (1).\n\n## Part 3A—International production orders\n\n#### 26A Designated international agreement—Australia‑US CLOUD Act Agreement\n\n For the purposes of paragraph 3(1)(b) of Schedule 1 to the Act, a copy of the English text of the Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime is set out in Schedule 2 to this instrument.\n\n## Part 4—Transitional matters\n\n#### 27 Things done under the Telecommunications (Interception and Access) Regulations 1987\n\n (1) If:\n (a) a thing was done for a particular purpose under the Telecommunications (Interception and Access) Regulations 1987 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.","sortOrder":11},{"sectionNumber":"Division 1","sectionType":"division","heading":"Journalist information warrants","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Telecommunications (Interception and Access) Regulations 2017.\n\n#### 3 Authority\n\n This instrument is made under the Telecommunications (Interception and Access) Act 1979.\n\n#### 5 Definitions\n\n In this instrument:\n\n> Act means the Telecommunications (Interception and Access) Act 1979.\n\n## Part 2—General matters\n\n#### 6 Criminal organisation—prescribed provision\n\n For the purposes of paragraph (b) of the definition of criminal organisation in subsection 5(1) of the Act, section 7 of the Serious Crime Control Act 2009 (NT) is prescribed.\n\n> Note: Section 7 of the Serious Crime Control Act 2009 (NT) describes an organisation declared under section 15 of that Act.\n\n#### 7 Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts\n\n For the purposes of paragraph 6K(c) of the Act, each of the following is prescribed:\n (a) the Proceeds of Crime Act 2002;\n (b) the Confiscation of Proceeds of Crime Act 1989 (NSW);\n (c) the Criminal Assets Recovery Act 1990 (NSW);\n (d) the Confiscation Act 1997 (Vic);\n (e) the Criminal Proceeds Confiscation Act 2002 (Qld);\n (f) the Criminal Property Confiscation Act 2000 (WA);\n (g) the Criminal Assets Confiscation Act 2005 (SA);\n (h) the Crime (Confiscation of Profits) Act 1993 (Tas);\n (i) the Confiscation of Criminal Assets Act 2003 (ACT);\n (j) the Criminal Property Forfeiture Act 2002 (NT).\n\n#### 8 Warrants authorising agencies to intercept telecommunications—prescribed forms\n\n For the purposes of subsection 49(1) of the Act, the following forms are prescribed:\n (a) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(i) of the Act applies—Form 1 in Schedule 1;\n (b) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(ii) of the Act applies—Form 2 in Schedule 1;\n (ba) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(i) of the Act applies—Form 2A in Schedule 1;\n (bb) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(ii) of the Act applies—Form 2B in Schedule 1;\n (bc) for a warrant issued under subsection 46(7) of the Act—Form 2C in Schedule 1;\n (bd) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(i) of the Act applies—Form 2D in Schedule 1;\n (be) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(ii) of the Act applies—Form 2E in Schedule 1;\n (bf) for a warrant issued under subsection 46(12) of the Act—Form 2F in Schedule 1;\n (c) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(i) of the Act applies—Form 3 in Schedule 1;\n (d) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(ii) of the Act applies—Form 4 in Schedule 1;\n (e) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(i) of the Act applies—Form 4A in Schedule 1;\n (f) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(ii) of the Act applies—Form 4B in Schedule 1;\n (fa) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(i) of the Act applies—Form 4C in Schedule 1;\n (fb) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(ii) of the Act applies—Form 4D in Schedule 1;\n (fc) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(i) of the Act applies—Form 4E in Schedule 1;\n (fd) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(ii) of the Act applies—Form 4F in Schedule 1;\n (fe) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(i) of the Act applies—Form 4G in Schedule 1;\n (ff) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(ii) of the Act applies—Form 4H in Schedule 1;\n (g) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(1) of the Act—Form 5 in Schedule 1;\n (h) for a control order warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(4) of the Act—Form 5A in Schedule 1;\n (i) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(7) of the Act—Form 5B in Schedule 1;\n (j) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(9) of the Act—Form 5C in Schedule 1;\n (k) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(12) of the Act—Form 5D in Schedule 1.\n\n#### 9 Stored communications warrant—prescribed form\n\n For the purposes of paragraph 118(1)(a) of the Act, the following forms are prescribed:\n (a) for a stored communications warrant issued as a result of an application other than an international assistance application—Form 6 in Schedule 1;\n (b) for a stored communications warrant issued as a result of an international assistance application—Form 6A in Schedule 1.\n\n#### 10 Journalist information warrant—prescribed form\n\n For the purposes of subsection 180U(1) of the Act, Form 7 in Schedule 1 is prescribed.\n\n#### 10A Identifying and blocking malicious SMS messages\n\n (1) For the purposes of subsection 7(2A) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 7(2)(a) of the Act effectively.\n (2) For the purposes of subsection 108(4) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 108(2)(d) of the Act effectively.\n Matters to which court is to have regard\n (3) For the purposes of subsections (1) and (2), the matters are the following:\n (a) the impacts of malicious SMS messages, and actions taken by users of telecommunications systems in response to those messages, on the operation and maintenance of telecommunications systems;\n (b) the extent to which the act or thing assists in identifying and blocking malicious SMS messages;\n (c) community expectations that malicious SMS messages should be identified and blocked;\n (d) the financial or psychological harm caused, or likely to be caused, by malicious SMS messages;\n (e) the extent to which the act or thing is done in a way that minimises any impacts on users of telecommunications systems, including any impacts on the privacy of users.\n (4) To avoid doubt, nothing in this section limits the matters that a court may have regard to.\n Malicious SMS messages\n (5) For the purposes of this section, an SMS message is a message communicated by means of a short message service or a multimedia message service.\n (6) For the purposes of this section, an SMS message is a malicious SMS message if:\n (a) the SMS message contains a link or a telephone number; and\n (b) the purpose, or apparent purpose, of the SMS message is to mislead or deceive a recipient of the SMS message into using the link or telephone number; and\n (c) the recipient would be likely to suffer detriment as a result of using the link or telephone number.\n\n## Part 3—Access to telecommunications data\n\n### Division 1—Journalist information warrants\n\n#### 11 Public Interest Advocate to be given proposed journalist information warrant requests made by the Director‑General of Security\n\n (1) Before requesting a journalist information warrant under section 180J of the Act, the Director‑General of Security must ensure that a copy of the proposed request is given to a Public Interest Advocate who:\n (a) has been cleared for security purposes to the same level, and at the same frequency, as that required of an ASIO employee; or\n (b) satisfies paragraph 18(1)(b) of this instrument.\n (2) If:\n (a) a copy of a proposed request is given to a Public Interest Advocate, as required by subsection (1); and\n (b) subparagraph 13(1)(b)(ii) applies;\n the Director‑General of Security must ensure that a copy of the proposed request is given to another Public Interest Advocate in accordance with this section.\n\n#### 12 Public Interest Advocate to be given proposed journalist information warrant applications made by an enforcement agency\n\n (1) Before making a written application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is given a copy of the proposed application.\n (2) Before making an oral application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is notified of the proposed application.\n (3) If:\n (a) both:\n (i) a copy of a proposed application is given to a Public Interest Advocate, as required by subsection (1); and\n (ii) subparagraph 13(1)(b)(ii) applies; or\n (b) both:\n (i) a Public Interest Advocate is notified of a proposed application, as required by subsection (2); and\n (ii) the Public Interest Advocate advises that he or she is unable to attend the hearing of the application;\n the person making the application must ensure that a copy of the proposed application is given to another Public Interest Advocate in accordance with this section.\n\n#### 13 Public Interest Advocate to deal with proposed journalist information warrant requests and applications\n\n Requests and written applications\n (1) Upon receiving a proposed request by the Director‑General of Security or written application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate:\n (a) may consider the proposed request or application; and\n (b) must, as soon as reasonably practicable, advise the applicant that:\n (i) he or she will prepare a submission in relation to the proposed request or application; or\n (ii) he or she is unable to prepare a submission in relation to the proposed request or application.\n Oral applications\n (2) Upon being notified about a proposed oral application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate must advise the applicant whether he or she is able to attend the hearing of the application.\n\n> Note: See section 15.\n\n Further information relating to requests or applications\n (3) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it;\n then:\n (c) in the case of a request by the Director‑General of Security for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed request for such a warrant; and\n (d) in the case of a written application by an enforcement agency for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed written application for such a warrant; and\n (e) in the case of an oral application by an enforcement agency for a journalist information warrant, subsection (2) applies as if the further information or summary were a proposed oral application for such a warrant.\n\n#### 14 Public Interest Advocate to prepare submissions\n\n Submission to be prepared\n (1) If subparagraph 13(1)(b)(i) applies, the relevant Public Interest Advocate must prepare a submission relating to the proposed request by the Director‑General of Security or application by an enforcement agency, and endeavour to do so within a reasonable period, but no later than 7 days after being given the proposed request or application.\n (2) The Public Interest Advocate must include in the submission the facts and considerations he or she considers:\n (a) are relevant to one or both of the following:\n (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);\n (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and\n (b) have not been satisfactorily addressed in the proposed request by the Director‑General of Security or application by the enforcement agency.\n (3) Subsection (2) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submission.\n (4) In determining what is a reasonable period to prepare the submission, the Public Interest Advocate must take into account:\n (a) the time that could reasonably be expected to be required to prepare the submission; and\n (b) the gravity of the matter in relation to which the proposed request or application relates; and\n (c) the urgency of the circumstances in which the proposed request or application is made; and\n (d) any other matter that the Public Interest Advocate considers relevant.\n Copy of submission to be given to relevant person\n (5) The Public Interest Advocate must, as soon as reasonably practicable, provide a copy of the submission to:\n (a) in the case of a proposed request by the Director‑General of Security—the Director‑General of Security; and\n (b) in the case of a proposed application by an enforcement agency—the following:\n (i) if the Public Interest Advocate knows the identity of the person who proposes to make the application on behalf of the enforcement agency and that person is available—that person;\n (ii) in any other case—the chief officer of the enforcement agency that is proposing to make the application.\n Submission to take into account further information\n (6) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it; and\n (c) subparagraph 13(1)(b)(i) applies;\n the Public Interest Advocate must update the submission, or prepare a new submission, relating to the request or application taking into account the further information or summary.\n (7) The Public Interest Advocate must endeavour to update the submission, or prepare the new submission, within a reasonable period, but no later than 7 days after being given the further information or summary.\n (8) Subsections (2) to (5) apply in relation to updating the submission or preparing the new submission.\n Late submissions\n (9) If a Public Interest Advocate provides a copy of the submission, or updated submission, after the end of the 7 day period mentioned in subsection (1) or (7), the Attorney‑General or Part 4‑1 issuing authority may consider the late submission or updated submission.\n\n#### 15 Public Interest Advocate’s attendance at hearing of oral application by an enforcement agency for a proposed journalist information warrant\n\n (1) A Public Interest Advocate may attend the hearing of an oral application by an enforcement agency for a journalist information warrant in person, or by telephone or other means of voice communication.\n (2) A Public Interest Advocate attending such a hearing may make submissions to the Part 4‑1 issuing authority hearing the application in the presence of the relevant enforcement agency.\n (3) Submissions made by the Public Interest Advocate must include the facts and considerations he or she considers:\n (a) are relevant to one or both of the following:\n (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);\n (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and\n (b) have not been satisfactorily addressed in the enforcement agency’s application.\n (4) Subsection (3) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submissions.\n (5) If:\n (a) further information is given to a relevant Part 4‑1 issuing authority in relation to an oral application; and\n (b) a Public Interest Advocate is also given the further information or a summary of it; and\n (c) the Public Interest Advocate has confirmed his or her availability to attend the hearing of the application;\n the Public Interest Advocate must update the submission made, or make a new submission, to the Part 4‑1 issuing authority taking into account the further information or summary.\n\n#### 16 Further information, or a copy or summary of information, to be given to Public Interest Advocate\n\n Further information relating to a request by the Director‑General of Security\n (1) If, under section 180K of the Act, the Attorney‑General requires the Director‑General of Security to give to the Attorney‑General further information in connection with a request made by the Director‑General of Security, the Attorney‑General may require that:\n (a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and\n (b) in the case of further information given orally—both:\n (i) the further information, or a summary of it, be given to a Public Interest Advocate; and\n (ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Attorney‑General or another form.\n (2) In deciding whether to act under subsection (1), the Attorney‑General may have regard to the following matters:\n (a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the request;\n (b) the gravity of the matter in relation to which the request relates;\n (c) the urgency of the circumstances in which the request is being made;\n (d) any other matter that the Attorney‑General considers relevant.\n Further information relating to an application by an enforcement agency\n (3) If, under section 180R of the Act, a Part 4‑1 issuing authority requires a person to give to the Part 4‑1 issuing authority further information in connection with an application by an enforcement agency, the Part 4‑1 issuing authority may require that:\n (a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and\n (b) in the case of further information given orally—both:\n (i) the further information, or a summary of it, be given to a Public Interest Advocate; and\n (ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Part 4‑1 issuing authority or another form.\n (4) In deciding whether to act under subsection (3), a Part 4‑1 issuing authority may have regard to the following matters:\n (a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the application;\n (b) the gravity of the matter in relation to which the application relates;\n (c) the urgency of the circumstances in which the application is being made;\n (d) any other matter that the Part 4‑1 issuing authority considers relevant.\n\n#### 17 Public Interest Advocate to return proposed journalist information warrant requests and applications\n\n (1) After a decision has been made to issue, or refuse to issue, a journalist information warrant, or a request or application for such a warrant is withdrawn, a Public Interest Advocate must:\n (a) in the case of a request by the Director‑General of Security—return the following to the Director‑General of Security:\n (i) the proposed request to which the warrant relates;\n (ii) any submission prepared by a Public Interest Advocate;\n (iii) any other document, or a copy of or extract from a document, relating to the proposed request; and\n (b) in the case of an application by an enforcement agency—return the following to the enforcement agency:\n (i) the proposed application to which the warrant relates;\n (ii) any submission prepared by a Public Interest Advocate;\n (iii) any other document, or a copy of or extract from a document, relating to the proposed application.\n (2) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it;\n the Public Interest Advocate must return the document containing the information or summary to the relevant person mentioned in subsection (1).\n\n### Division 2—Public Interest Advocates\n\n#### 18 Eligibility for appointment\n\n (1) Before declaring a person to be a Public Interest Advocate, the Prime Minister must be satisfied that:\n (a) the person is a King’s Counsel or Senior Counsel who has been cleared for security purposes to a level that the Prime Minister considers appropriate; or\n (aa) the person is practising as a barrister of a federal court or the Supreme Court of a State or Territory and:\n (i) for at least 10 years has engaged in practice as a barrister; and\n (ii) has experience in areas of law that the Prime Minister considers relevant; and\n (iii) has been cleared for security purposes to a level that the Prime Minister considers appropriate; or\n (b) the person has served as a judge of:\n (i) the High Court; or\n (ii) a court that is or was created by the Parliament under Chapter III of the Constitution; or\n (iii) the Supreme Court of a State or Territory; or\n (iv) an inferior court of a State or Territory;\n but no longer holds a commission as a judge of a court listed in this paragraph.\n (2) However, the following persons may not be declared as a Public Interest Advocate:\n (a) the Director‑General of Security or a Deputy Director‑General of Security;\n (b) an examiner;\n (c) the Director of Public Prosecutions or a person performing a similar function appointed under the law of a State or Territory;\n (d) the Solicitor‑General of the Commonwealth, or of a State or Territory;\n (e) a person who is employed by the Commonwealth, a State or Territory;\n (f) a member of the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory;\n (g) a Part 4‑1 issuing authority.\n\n#### 19 Term of appointment\n\n A Public Interest Advocate holds office for the period specified in the written instrument declaring the person to be a Public Interest Advocate. The period must not exceed 5 years.\n\n> Note: A Public Interest Advocate may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 20 Remuneration\n\n Entitlement to charge\n (1) A Public Interest Advocate may charge remuneration for the time spent by the Public Interest Advocate in the performance of his or her role as a Public Interest Advocate.\n (2) Such remuneration is to be borne:\n (a) in respect of a request for a journalist information warrant by the Director‑General of Security—by the Organisation; and\n (b) in respect of an application for a journalist information warrant by an enforcement agency—by the enforcement agency.\n Rate of remuneration\n (3) A Public Interest Advocate may charge for remuneration:\n (a) per day—at the daily rate payable to senior counsel without the approval of the Attorney‑General, as set out in Appendix D of the Legal Services Directions 2017; and\n (b) per hour—at one‑sixth of the maximum daily rate mentioned in paragraph (a), up to a maximum of 6 hours per day.\n\n#### 21 Disclosure of interests\n\n A Public Interest Advocate must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the Public Interest Advocate has or acquires and that conflicts or could conflict with the proper performance of his or her functions.\n\n#### 22 Conflicts of interest\n\n (1) A Public Interest Advocate must take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the proper performance of his or her functions as a Public Interest Advocate.\n (2) If the Public Interest Advocate believes that he or she has a conflict of interest (real or apparent) in relation to the subject‑matter of a proposed request by the Director‑General of Security or proposed application by an enforcement agency for a journalist information warrant, the Public Interest Advocate must:\n (a) in the case of a proposed request by the Director‑General of Security—advise the Director‑General of Security that he or she is unable to prepare a submission in relation to the proposed request; or\n (b) in the case of a proposed written application by an enforcement agency—advise the applicant that he or she is unable to prepare a submission in relation to the proposed application; or\n (c) in the case of a proposed oral application by an enforcement agency—advise the applicant that he or she is unable to attend the hearing of the application.\n (3) To avoid doubt, subsection (2) does not limit subparagraph 13(1)(b)(ii) or subsection 13(2).\n\n#### 23 Resignation\n\n (1) A Public Interest Advocate may resign from his or her position by giving the Prime Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Prime Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Prime Minister may revoke the declaration of a Public Interest Advocate:\n (a) for misbehaviour by the Public Interest Advocate; or\n (b) if the Public Interest Advocate is unable to perform his or her duties because of physical or mental incapacity.\n (2) The Prime Minister must revoke the declaration of a Public Interest Advocate if:\n (a) the Public Interest Advocate:\n (i) becomes bankrupt; or\n (ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with one or more of his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or\n (b) the Public Interest Advocate fails, without reasonable excuse, to comply with section 21 or 22; or\n (c) the Public Interest Advocate is a person mentioned in paragraph 18(1)(a) and either:\n (i) ceases to be a King’s Counsel or Senior Counsel; or\n (ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or\n (ca) the Public Interest Advocate is a person mentioned in paragraph 18(1)(aa) and either:\n (i) ceases to be a legal practitioner; or\n (ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or\n (d) the Public Interest Advocate holds a position mentioned in subsection 18(2).\n\n#### 25 Immunity from legal action\n\n No action, suit or proceeding may be brought against a person who is, or has been, a Public Interest Advocate in relation to anything done, or omitted to be done, in good faith by the Public Interest Advocate:\n (a) in the performance, or purported performance, of his or her functions; or\n (b) in the exercise, or purported exercise, or his or her powers.\n\n### Division 3—Miscellaneous\n\n#### 26 Arrangements with States and Territories\n\n Governor‑General may make arrangements\n (1) The Governor‑General may make arrangements with:\n (a) the Governor of a State (other than the Northern Territory); and\n (b) the Chief Minister for the Australian Capital Territory; and\n (c) the Administrator of the Northern Territory;\n with respect to the administration of provisions of the Act and this instrument relating to journalist information warrants.\n Lack of arrangement does not affect validity of exercise of power or performance of function\n (2) The validity of the performance of a function, or the exercise of a power, is not affected by the absence of an arrangement under this section covering the performance of the function, or exercise of the power, relating to the provisions mentioned in subsection (1).\n\n## Part 3A—International production orders\n\n#### 26A Designated international agreement—Australia‑US CLOUD Act Agreement\n\n For the purposes of paragraph 3(1)(b) of Schedule 1 to the Act, a copy of the English text of the Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime is set out in Schedule 2 to this instrument.\n\n## Part 4—Transitional matters\n\n#### 27 Things done under the Telecommunications (Interception and Access) Regulations 1987\n\n (1) If:\n (a) a thing was done for a particular purpose under the Telecommunications (Interception and Access) Regulations 1987 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Public Interest Advocate to be given proposed journalist information warrant requests made by the Director‑General of Security","content":"#### 11 Public Interest Advocate to be given proposed journalist information warrant requests made by the Director‑General of Security\n\n (1) Before requesting a journalist information warrant under section 180J of the Act, the Director‑General of Security must ensure that a copy of the proposed request is given to a Public Interest Advocate who:\n (a) has been cleared for security purposes to the same level, and at the same frequency, as that required of an ASIO employee; or\n (b) satisfies paragraph 18(1)(b) of this instrument.\n (2) If:\n (a) a copy of a proposed request is given to a Public Interest Advocate, as required by subsection (1); and\n (b) subparagraph 13(1)(b)(ii) applies;\n the Director‑General of Security must ensure that a copy of the proposed request is given to another Public Interest Advocate in accordance with this section.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Public Interest Advocate to be given proposed journalist information warrant applications made by an enforcement agency","content":"#### 12 Public Interest Advocate to be given proposed journalist information warrant applications made by an enforcement agency\n\n (1) Before making a written application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is given a copy of the proposed application.\n (2) Before making an oral application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is notified of the proposed application.\n (3) If:\n (a) both:\n (i) a copy of a proposed application is given to a Public Interest Advocate, as required by subsection (1); and\n (ii) subparagraph 13(1)(b)(ii) applies; or\n (b) both:\n (i) a Public Interest Advocate is notified of a proposed application, as required by subsection (2); and\n (ii) the Public Interest Advocate advises that he or she is unable to attend the hearing of the application;\n the person making the application must ensure that a copy of the proposed application is given to another Public Interest Advocate in accordance with this section.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Public Interest Advocate to deal with proposed journalist information warrant requests and applications","content":"#### 13 Public Interest Advocate to deal with proposed journalist information warrant requests and applications\n\n Requests and written applications\n (1) Upon receiving a proposed request by the Director‑General of Security or written application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate:\n (a) may consider the proposed request or application; and\n (b) must, as soon as reasonably practicable, advise the applicant that:\n (i) he or she will prepare a submission in relation to the proposed request or application; or\n (ii) he or she is unable to prepare a submission in relation to the proposed request or application.\n Oral applications\n (2) Upon being notified about a proposed oral application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate must advise the applicant whether he or she is able to attend the hearing of the application.\n\n> Note: See section 15.\n\n Further information relating to requests or applications\n (3) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it;\n then:\n (c) in the case of a request by the Director‑General of Security for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed request for such a warrant; and\n (d) in the case of a written application by an enforcement agency for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed written application for such a warrant; and\n (e) in the case of an oral application by an enforcement agency for a journalist information warrant, subsection (2) applies as if the further information or summary were a proposed oral application for such a warrant.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Public Interest Advocate to prepare submissions","content":"#### 14 Public Interest Advocate to prepare submissions\n\n Submission to be prepared\n (1) If subparagraph 13(1)(b)(i) applies, the relevant Public Interest Advocate must prepare a submission relating to the proposed request by the Director‑General of Security or application by an enforcement agency, and endeavour to do so within a reasonable period, but no later than 7 days after being given the proposed request or application.\n (2) The Public Interest Advocate must include in the submission the facts and considerations he or she considers:\n (a) are relevant to one or both of the following:\n (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);\n (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and\n (b) have not been satisfactorily addressed in the proposed request by the Director‑General of Security or application by the enforcement agency.\n (3) Subsection (2) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submission.\n (4) In determining what is a reasonable period to prepare the submission, the Public Interest Advocate must take into account:\n (a) the time that could reasonably be expected to be required to prepare the submission; and\n (b) the gravity of the matter in relation to which the proposed request or application relates; and\n (c) the urgency of the circumstances in which the proposed request or application is made; and\n (d) any other matter that the Public Interest Advocate considers relevant.\n Copy of submission to be given to relevant person\n (5) The Public Interest Advocate must, as soon as reasonably practicable, provide a copy of the submission to:\n (a) in the case of a proposed request by the Director‑General of Security—the Director‑General of Security; and\n (b) in the case of a proposed application by an enforcement agency—the following:\n (i) if the Public Interest Advocate knows the identity of the person who proposes to make the application on behalf of the enforcement agency and that person is available—that person;\n (ii) in any other case—the chief officer of the enforcement agency that is proposing to make the application.\n Submission to take into account further information\n (6) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it; and\n (c) subparagraph 13(1)(b)(i) applies;\n the Public Interest Advocate must update the submission, or prepare a new submission, relating to the request or application taking into account the further information or summary.\n (7) The Public Interest Advocate must endeavour to update the submission, or prepare the new submission, within a reasonable period, but no later than 7 days after being given the further information or summary.\n (8) Subsections (2) to (5) apply in relation to updating the submission or preparing the new submission.\n Late submissions\n (9) If a Public Interest Advocate provides a copy of the submission, or updated submission, after the end of the 7 day period mentioned in subsection (1) or (7), the Attorney‑General or Part 4‑1 issuing authority may consider the late submission or updated submission.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Public Interest Advocate’s attendance at hearing of oral application by an enforcement agency for a proposed journalist information warrant","content":"#### 15 Public Interest Advocate’s attendance at hearing of oral application by an enforcement agency for a proposed journalist information warrant\n\n (1) A Public Interest Advocate may attend the hearing of an oral application by an enforcement agency for a journalist information warrant in person, or by telephone or other means of voice communication.\n (2) A Public Interest Advocate attending such a hearing may make submissions to the Part 4‑1 issuing authority hearing the application in the presence of the relevant enforcement agency.\n (3) Submissions made by the Public Interest Advocate must include the facts and considerations he or she considers:\n (a) are relevant to one or both of the following:\n (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);\n (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and\n (b) have not been satisfactorily addressed in the enforcement agency’s application.\n (4) Subsection (3) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submissions.\n (5) If:\n (a) further information is given to a relevant Part 4‑1 issuing authority in relation to an oral application; and\n (b) a Public Interest Advocate is also given the further information or a summary of it; and\n (c) the Public Interest Advocate has confirmed his or her availability to attend the hearing of the application;\n the Public Interest Advocate must update the submission made, or make a new submission, to the Part 4‑1 issuing authority taking into account the further information or summary.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Further information, or a copy or summary of information, to be given to Public Interest Advocate","content":"#### 16 Further information, or a copy or summary of information, to be given to Public Interest Advocate\n\n Further information relating to a request by the Director‑General of Security\n (1) If, under section 180K of the Act, the Attorney‑General requires the Director‑General of Security to give to the Attorney‑General further information in connection with a request made by the Director‑General of Security, the Attorney‑General may require that:\n (a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and\n (b) in the case of further information given orally—both:\n (i) the further information, or a summary of it, be given to a Public Interest Advocate; and\n (ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Attorney‑General or another form.\n (2) In deciding whether to act under subsection (1), the Attorney‑General may have regard to the following matters:\n (a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the request;\n (b) the gravity of the matter in relation to which the request relates;\n (c) the urgency of the circumstances in which the request is being made;\n (d) any other matter that the Attorney‑General considers relevant.\n Further information relating to an application by an enforcement agency\n (3) If, under section 180R of the Act, a Part 4‑1 issuing authority requires a person to give to the Part 4‑1 issuing authority further information in connection with an application by an enforcement agency, the Part 4‑1 issuing authority may require that:\n (a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and\n (b) in the case of further information given orally—both:\n (i) the further information, or a summary of it, be given to a Public Interest Advocate; and\n (ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Part 4‑1 issuing authority or another form.\n (4) In deciding whether to act under subsection (3), a Part 4‑1 issuing authority may have regard to the following matters:\n (a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the application;\n (b) the gravity of the matter in relation to which the application relates;\n (c) the urgency of the circumstances in which the application is being made;\n (d) any other matter that the Part 4‑1 issuing authority considers relevant.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Public Interest Advocate to return proposed journalist information warrant requests and applications","content":"#### 17 Public Interest Advocate to return proposed journalist information warrant requests and applications\n\n (1) After a decision has been made to issue, or refuse to issue, a journalist information warrant, or a request or application for such a warrant is withdrawn, a Public Interest Advocate must:\n (a) in the case of a request by the Director‑General of Security—return the following to the Director‑General of Security:\n (i) the proposed request to which the warrant relates;\n (ii) any submission prepared by a Public Interest Advocate;\n (iii) any other document, or a copy of or extract from a document, relating to the proposed request; and\n (b) in the case of an application by an enforcement agency—return the following to the enforcement agency:\n (i) the proposed application to which the warrant relates;\n (ii) any submission prepared by a Public Interest Advocate;\n (iii) any other document, or a copy of or extract from a document, relating to the proposed application.\n (2) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it;\n the Public Interest Advocate must return the document containing the information or summary to the relevant person mentioned in subsection (1).","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Public Interest Advocates","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Telecommunications (Interception and Access) Regulations 2017.\n\n#### 3 Authority\n\n This instrument is made under the Telecommunications (Interception and Access) Act 1979.\n\n#### 5 Definitions\n\n In this instrument:\n\n> Act means the Telecommunications (Interception and Access) Act 1979.\n\n## Part 2—General matters\n\n#### 6 Criminal organisation—prescribed provision\n\n For the purposes of paragraph (b) of the definition of criminal organisation in subsection 5(1) of the Act, section 7 of the Serious Crime Control Act 2009 (NT) is prescribed.\n\n> Note: Section 7 of the Serious Crime Control Act 2009 (NT) describes an organisation declared under section 15 of that Act.\n\n#### 7 Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts\n\n For the purposes of paragraph 6K(c) of the Act, each of the following is prescribed:\n (a) the Proceeds of Crime Act 2002;\n (b) the Confiscation of Proceeds of Crime Act 1989 (NSW);\n (c) the Criminal Assets Recovery Act 1990 (NSW);\n (d) the Confiscation Act 1997 (Vic);\n (e) the Criminal Proceeds Confiscation Act 2002 (Qld);\n (f) the Criminal Property Confiscation Act 2000 (WA);\n (g) the Criminal Assets Confiscation Act 2005 (SA);\n (h) the Crime (Confiscation of Profits) Act 1993 (Tas);\n (i) the Confiscation of Criminal Assets Act 2003 (ACT);\n (j) the Criminal Property Forfeiture Act 2002 (NT).\n\n#### 8 Warrants authorising agencies to intercept telecommunications—prescribed forms\n\n For the purposes of subsection 49(1) of the Act, the following forms are prescribed:\n (a) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(i) of the Act applies—Form 1 in Schedule 1;\n (b) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(ii) of the Act applies—Form 2 in Schedule 1;\n (ba) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(i) of the Act applies—Form 2A in Schedule 1;\n (bb) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(ii) of the Act applies—Form 2B in Schedule 1;\n (bc) for a warrant issued under subsection 46(7) of the Act—Form 2C in Schedule 1;\n (bd) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(i) of the Act applies—Form 2D in Schedule 1;\n (be) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(ii) of the Act applies—Form 2E in Schedule 1;\n (bf) for a warrant issued under subsection 46(12) of the Act—Form 2F in Schedule 1;\n (c) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(i) of the Act applies—Form 3 in Schedule 1;\n (d) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(ii) of the Act applies—Form 4 in Schedule 1;\n (e) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(i) of the Act applies—Form 4A in Schedule 1;\n (f) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(ii) of the Act applies—Form 4B in Schedule 1;\n (fa) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(i) of the Act applies—Form 4C in Schedule 1;\n (fb) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(ii) of the Act applies—Form 4D in Schedule 1;\n (fc) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(i) of the Act applies—Form 4E in Schedule 1;\n (fd) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(ii) of the Act applies—Form 4F in Schedule 1;\n (fe) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(i) of the Act applies—Form 4G in Schedule 1;\n (ff) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(ii) of the Act applies—Form 4H in Schedule 1;\n (g) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(1) of the Act—Form 5 in Schedule 1;\n (h) for a control order warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(4) of the Act—Form 5A in Schedule 1;\n (i) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(7) of the Act—Form 5B in Schedule 1;\n (j) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(9) of the Act—Form 5C in Schedule 1;\n (k) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(12) of the Act—Form 5D in Schedule 1.\n\n#### 9 Stored communications warrant—prescribed form\n\n For the purposes of paragraph 118(1)(a) of the Act, the following forms are prescribed:\n (a) for a stored communications warrant issued as a result of an application other than an international assistance application—Form 6 in Schedule 1;\n (b) for a stored communications warrant issued as a result of an international assistance application—Form 6A in Schedule 1.\n\n#### 10 Journalist information warrant—prescribed form\n\n For the purposes of subsection 180U(1) of the Act, Form 7 in Schedule 1 is prescribed.\n\n#### 10A Identifying and blocking malicious SMS messages\n\n (1) For the purposes of subsection 7(2A) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 7(2)(a) of the Act effectively.\n (2) For the purposes of subsection 108(4) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 108(2)(d) of the Act effectively.\n Matters to which court is to have regard\n (3) For the purposes of subsections (1) and (2), the matters are the following:\n (a) the impacts of malicious SMS messages, and actions taken by users of telecommunications systems in response to those messages, on the operation and maintenance of telecommunications systems;\n (b) the extent to which the act or thing assists in identifying and blocking malicious SMS messages;\n (c) community expectations that malicious SMS messages should be identified and blocked;\n (d) the financial or psychological harm caused, or likely to be caused, by malicious SMS messages;\n (e) the extent to which the act or thing is done in a way that minimises any impacts on users of telecommunications systems, including any impacts on the privacy of users.\n (4) To avoid doubt, nothing in this section limits the matters that a court may have regard to.\n Malicious SMS messages\n (5) For the purposes of this section, an SMS message is a message communicated by means of a short message service or a multimedia message service.\n (6) For the purposes of this section, an SMS message is a malicious SMS message if:\n (a) the SMS message contains a link or a telephone number; and\n (b) the purpose, or apparent purpose, of the SMS message is to mislead or deceive a recipient of the SMS message into using the link or telephone number; and\n (c) the recipient would be likely to suffer detriment as a result of using the link or telephone number.\n\n## Part 3—Access to telecommunications data\n\n### Division 1—Journalist information warrants\n\n#### 11 Public Interest Advocate to be given proposed journalist information warrant requests made by the Director‑General of Security\n\n (1) Before requesting a journalist information warrant under section 180J of the Act, the Director‑General of Security must ensure that a copy of the proposed request is given to a Public Interest Advocate who:\n (a) has been cleared for security purposes to the same level, and at the same frequency, as that required of an ASIO employee; or\n (b) satisfies paragraph 18(1)(b) of this instrument.\n (2) If:\n (a) a copy of a proposed request is given to a Public Interest Advocate, as required by subsection (1); and\n (b) subparagraph 13(1)(b)(ii) applies;\n the Director‑General of Security must ensure that a copy of the proposed request is given to another Public Interest Advocate in accordance with this section.\n\n#### 12 Public Interest Advocate to be given proposed journalist information warrant applications made by an enforcement agency\n\n (1) Before making a written application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is given a copy of the proposed application.\n (2) Before making an oral application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is notified of the proposed application.\n (3) If:\n (a) both:\n (i) a copy of a proposed application is given to a Public Interest Advocate, as required by subsection (1); and\n (ii) subparagraph 13(1)(b)(ii) applies; or\n (b) both:\n (i) a Public Interest Advocate is notified of a proposed application, as required by subsection (2); and\n (ii) the Public Interest Advocate advises that he or she is unable to attend the hearing of the application;\n the person making the application must ensure that a copy of the proposed application is given to another Public Interest Advocate in accordance with this section.\n\n#### 13 Public Interest Advocate to deal with proposed journalist information warrant requests and applications\n\n Requests and written applications\n (1) Upon receiving a proposed request by the Director‑General of Security or written application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate:\n (a) may consider the proposed request or application; and\n (b) must, as soon as reasonably practicable, advise the applicant that:\n (i) he or she will prepare a submission in relation to the proposed request or application; or\n (ii) he or she is unable to prepare a submission in relation to the proposed request or application.\n Oral applications\n (2) Upon being notified about a proposed oral application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate must advise the applicant whether he or she is able to attend the hearing of the application.\n\n> Note: See section 15.\n\n Further information relating to requests or applications\n (3) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it;\n then:\n (c) in the case of a request by the Director‑General of Security for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed request for such a warrant; and\n (d) in the case of a written application by an enforcement agency for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed written application for such a warrant; and\n (e) in the case of an oral application by an enforcement agency for a journalist information warrant, subsection (2) applies as if the further information or summary were a proposed oral application for such a warrant.\n\n#### 14 Public Interest Advocate to prepare submissions\n\n Submission to be prepared\n (1) If subparagraph 13(1)(b)(i) applies, the relevant Public Interest Advocate must prepare a submission relating to the proposed request by the Director‑General of Security or application by an enforcement agency, and endeavour to do so within a reasonable period, but no later than 7 days after being given the proposed request or application.\n (2) The Public Interest Advocate must include in the submission the facts and considerations he or she considers:\n (a) are relevant to one or both of the following:\n (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);\n (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and\n (b) have not been satisfactorily addressed in the proposed request by the Director‑General of Security or application by the enforcement agency.\n (3) Subsection (2) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submission.\n (4) In determining what is a reasonable period to prepare the submission, the Public Interest Advocate must take into account:\n (a) the time that could reasonably be expected to be required to prepare the submission; and\n (b) the gravity of the matter in relation to which the proposed request or application relates; and\n (c) the urgency of the circumstances in which the proposed request or application is made; and\n (d) any other matter that the Public Interest Advocate considers relevant.\n Copy of submission to be given to relevant person\n (5) The Public Interest Advocate must, as soon as reasonably practicable, provide a copy of the submission to:\n (a) in the case of a proposed request by the Director‑General of Security—the Director‑General of Security; and\n (b) in the case of a proposed application by an enforcement agency—the following:\n (i) if the Public Interest Advocate knows the identity of the person who proposes to make the application on behalf of the enforcement agency and that person is available—that person;\n (ii) in any other case—the chief officer of the enforcement agency that is proposing to make the application.\n Submission to take into account further information\n (6) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it; and\n (c) subparagraph 13(1)(b)(i) applies;\n the Public Interest Advocate must update the submission, or prepare a new submission, relating to the request or application taking into account the further information or summary.\n (7) The Public Interest Advocate must endeavour to update the submission, or prepare the new submission, within a reasonable period, but no later than 7 days after being given the further information or summary.\n (8) Subsections (2) to (5) apply in relation to updating the submission or preparing the new submission.\n Late submissions\n (9) If a Public Interest Advocate provides a copy of the submission, or updated submission, after the end of the 7 day period mentioned in subsection (1) or (7), the Attorney‑General or Part 4‑1 issuing authority may consider the late submission or updated submission.\n\n#### 15 Public Interest Advocate’s attendance at hearing of oral application by an enforcement agency for a proposed journalist information warrant\n\n (1) A Public Interest Advocate may attend the hearing of an oral application by an enforcement agency for a journalist information warrant in person, or by telephone or other means of voice communication.\n (2) A Public Interest Advocate attending such a hearing may make submissions to the Part 4‑1 issuing authority hearing the application in the presence of the relevant enforcement agency.\n (3) Submissions made by the Public Interest Advocate must include the facts and considerations he or she considers:\n (a) are relevant to one or both of the following:\n (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);\n (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and\n (b) have not been satisfactorily addressed in the enforcement agency’s application.\n (4) Subsection (3) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submissions.\n (5) If:\n (a) further information is given to a relevant Part 4‑1 issuing authority in relation to an oral application; and\n (b) a Public Interest Advocate is also given the further information or a summary of it; and\n (c) the Public Interest Advocate has confirmed his or her availability to attend the hearing of the application;\n the Public Interest Advocate must update the submission made, or make a new submission, to the Part 4‑1 issuing authority taking into account the further information or summary.\n\n#### 16 Further information, or a copy or summary of information, to be given to Public Interest Advocate\n\n Further information relating to a request by the Director‑General of Security\n (1) If, under section 180K of the Act, the Attorney‑General requires the Director‑General of Security to give to the Attorney‑General further information in connection with a request made by the Director‑General of Security, the Attorney‑General may require that:\n (a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and\n (b) in the case of further information given orally—both:\n (i) the further information, or a summary of it, be given to a Public Interest Advocate; and\n (ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Attorney‑General or another form.\n (2) In deciding whether to act under subsection (1), the Attorney‑General may have regard to the following matters:\n (a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the request;\n (b) the gravity of the matter in relation to which the request relates;\n (c) the urgency of the circumstances in which the request is being made;\n (d) any other matter that the Attorney‑General considers relevant.\n Further information relating to an application by an enforcement agency\n (3) If, under section 180R of the Act, a Part 4‑1 issuing authority requires a person to give to the Part 4‑1 issuing authority further information in connection with an application by an enforcement agency, the Part 4‑1 issuing authority may require that:\n (a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and\n (b) in the case of further information given orally—both:\n (i) the further information, or a summary of it, be given to a Public Interest Advocate; and\n (ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Part 4‑1 issuing authority or another form.\n (4) In deciding whether to act under subsection (3), a Part 4‑1 issuing authority may have regard to the following matters:\n (a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the application;\n (b) the gravity of the matter in relation to which the application relates;\n (c) the urgency of the circumstances in which the application is being made;\n (d) any other matter that the Part 4‑1 issuing authority considers relevant.\n\n#### 17 Public Interest Advocate to return proposed journalist information warrant requests and applications\n\n (1) After a decision has been made to issue, or refuse to issue, a journalist information warrant, or a request or application for such a warrant is withdrawn, a Public Interest Advocate must:\n (a) in the case of a request by the Director‑General of Security—return the following to the Director‑General of Security:\n (i) the proposed request to which the warrant relates;\n (ii) any submission prepared by a Public Interest Advocate;\n (iii) any other document, or a copy of or extract from a document, relating to the proposed request; and\n (b) in the case of an application by an enforcement agency—return the following to the enforcement agency:\n (i) the proposed application to which the warrant relates;\n (ii) any submission prepared by a Public Interest Advocate;\n (iii) any other document, or a copy of or extract from a document, relating to the proposed application.\n (2) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it;\n the Public Interest Advocate must return the document containing the information or summary to the relevant person mentioned in subsection (1).\n\n### Division 2—Public Interest Advocates\n\n#### 18 Eligibility for appointment\n\n (1) Before declaring a person to be a Public Interest Advocate, the Prime Minister must be satisfied that:\n (a) the person is a King’s Counsel or Senior Counsel who has been cleared for security purposes to a level that the Prime Minister considers appropriate; or\n (aa) the person is practising as a barrister of a federal court or the Supreme Court of a State or Territory and:\n (i) for at least 10 years has engaged in practice as a barrister; and\n (ii) has experience in areas of law that the Prime Minister considers relevant; and\n (iii) has been cleared for security purposes to a level that the Prime Minister considers appropriate; or\n (b) the person has served as a judge of:\n (i) the High Court; or\n (ii) a court that is or was created by the Parliament under Chapter III of the Constitution; or\n (iii) the Supreme Court of a State or Territory; or\n (iv) an inferior court of a State or Territory;\n but no longer holds a commission as a judge of a court listed in this paragraph.\n (2) However, the following persons may not be declared as a Public Interest Advocate:\n (a) the Director‑General of Security or a Deputy Director‑General of Security;\n (b) an examiner;\n (c) the Director of Public Prosecutions or a person performing a similar function appointed under the law of a State or Territory;\n (d) the Solicitor‑General of the Commonwealth, or of a State or Territory;\n (e) a person who is employed by the Commonwealth, a State or Territory;\n (f) a member of the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory;\n (g) a Part 4‑1 issuing authority.\n\n#### 19 Term of appointment\n\n A Public Interest Advocate holds office for the period specified in the written instrument declaring the person to be a Public Interest Advocate. The period must not exceed 5 years.\n\n> Note: A Public Interest Advocate may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 20 Remuneration\n\n Entitlement to charge\n (1) A Public Interest Advocate may charge remuneration for the time spent by the Public Interest Advocate in the performance of his or her role as a Public Interest Advocate.\n (2) Such remuneration is to be borne:\n (a) in respect of a request for a journalist information warrant by the Director‑General of Security—by the Organisation; and\n (b) in respect of an application for a journalist information warrant by an enforcement agency—by the enforcement agency.\n Rate of remuneration\n (3) A Public Interest Advocate may charge for remuneration:\n (a) per day—at the daily rate payable to senior counsel without the approval of the Attorney‑General, as set out in Appendix D of the Legal Services Directions 2017; and\n (b) per hour—at one‑sixth of the maximum daily rate mentioned in paragraph (a), up to a maximum of 6 hours per day.\n\n#### 21 Disclosure of interests\n\n A Public Interest Advocate must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the Public Interest Advocate has or acquires and that conflicts or could conflict with the proper performance of his or her functions.\n\n#### 22 Conflicts of interest\n\n (1) A Public Interest Advocate must take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the proper performance of his or her functions as a Public Interest Advocate.\n (2) If the Public Interest Advocate believes that he or she has a conflict of interest (real or apparent) in relation to the subject‑matter of a proposed request by the Director‑General of Security or proposed application by an enforcement agency for a journalist information warrant, the Public Interest Advocate must:\n (a) in the case of a proposed request by the Director‑General of Security—advise the Director‑General of Security that he or she is unable to prepare a submission in relation to the proposed request; or\n (b) in the case of a proposed written application by an enforcement agency—advise the applicant that he or she is unable to prepare a submission in relation to the proposed application; or\n (c) in the case of a proposed oral application by an enforcement agency—advise the applicant that he or she is unable to attend the hearing of the application.\n (3) To avoid doubt, subsection (2) does not limit subparagraph 13(1)(b)(ii) or subsection 13(2).\n\n#### 23 Resignation\n\n (1) A Public Interest Advocate may resign from his or her position by giving the Prime Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Prime Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Prime Minister may revoke the declaration of a Public Interest Advocate:\n (a) for misbehaviour by the Public Interest Advocate; or\n (b) if the Public Interest Advocate is unable to perform his or her duties because of physical or mental incapacity.\n (2) The Prime Minister must revoke the declaration of a Public Interest Advocate if:\n (a) the Public Interest Advocate:\n (i) becomes bankrupt; or\n (ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with one or more of his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or\n (b) the Public Interest Advocate fails, without reasonable excuse, to comply with section 21 or 22; or\n (c) the Public Interest Advocate is a person mentioned in paragraph 18(1)(a) and either:\n (i) ceases to be a King’s Counsel or Senior Counsel; or\n (ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or\n (ca) the Public Interest Advocate is a person mentioned in paragraph 18(1)(aa) and either:\n (i) ceases to be a legal practitioner; or\n (ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or\n (d) the Public Interest Advocate holds a position mentioned in subsection 18(2).\n\n#### 25 Immunity from legal action\n\n No action, suit or proceeding may be brought against a person who is, or has been, a Public Interest Advocate in relation to anything done, or omitted to be done, in good faith by the Public Interest Advocate:\n (a) in the performance, or purported performance, of his or her functions; or\n (b) in the exercise, or purported exercise, or his or her powers.\n\n### Division 3—Miscellaneous\n\n#### 26 Arrangements with States and Territories\n\n Governor‑General may make arrangements\n (1) The Governor‑General may make arrangements with:\n (a) the Governor of a State (other than the Northern Territory); and\n (b) the Chief Minister for the Australian Capital Territory; and\n (c) the Administrator of the Northern Territory;\n with respect to the administration of provisions of the Act and this instrument relating to journalist information warrants.\n Lack of arrangement does not affect validity of exercise of power or performance of function\n (2) The validity of the performance of a function, or the exercise of a power, is not affected by the absence of an arrangement under this section covering the performance of the function, or exercise of the power, relating to the provisions mentioned in subsection (1).\n\n## Part 3A—International production orders\n\n#### 26A Designated international agreement—Australia‑US CLOUD Act Agreement\n\n For the purposes of paragraph 3(1)(b) of Schedule 1 to the Act, a copy of the English text of the Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime is set out in Schedule 2 to this instrument.\n\n## Part 4—Transitional matters\n\n#### 27 Things done under the Telecommunications (Interception and Access) Regulations 1987\n\n (1) If:\n (a) a thing was done for a particular purpose under the Telecommunications (Interception and Access) Regulations 1987 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Eligibility for appointment","content":"#### 18 Eligibility for appointment\n\n (1) Before declaring a person to be a Public Interest Advocate, the Prime Minister must be satisfied that:\n (a) the person is a King’s Counsel or Senior Counsel who has been cleared for security purposes to a level that the Prime Minister considers appropriate; or\n (aa) the person is practising as a barrister of a federal court or the Supreme Court of a State or Territory and:\n (i) for at least 10 years has engaged in practice as a barrister; and\n (ii) has experience in areas of law that the Prime Minister considers relevant; and\n (iii) has been cleared for security purposes to a level that the Prime Minister considers appropriate; or\n (b) the person has served as a judge of:\n (i) the High Court; or\n (ii) a court that is or was created by the Parliament under Chapter III of the Constitution; or\n (iii) the Supreme Court of a State or Territory; or\n (iv) an inferior court of a State or Territory;\n but no longer holds a commission as a judge of a court listed in this paragraph.\n (2) However, the following persons may not be declared as a Public Interest Advocate:\n (a) the Director‑General of Security or a Deputy Director‑General of Security;\n (b) an examiner;\n (c) the Director of Public Prosecutions or a person performing a similar function appointed under the law of a State or Territory;\n (d) the Solicitor‑General of the Commonwealth, or of a State or Territory;\n (e) a person who is employed by the Commonwealth, a State or Territory;\n (f) a member of the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory;\n (g) a Part 4‑1 issuing authority.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Term of appointment","content":"#### 19 Term of appointment\n\n A Public Interest Advocate holds office for the period specified in the written instrument declaring the person to be a Public Interest Advocate. The period must not exceed 5 years.\n\n> Note: A Public Interest Advocate may be reappointed: see section 33AA of the Acts Interpretation Act 1901.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Remuneration","content":"#### 20 Remuneration\n\n Entitlement to charge\n (1) A Public Interest Advocate may charge remuneration for the time spent by the Public Interest Advocate in the performance of his or her role as a Public Interest Advocate.\n (2) Such remuneration is to be borne:\n (a) in respect of a request for a journalist information warrant by the Director‑General of Security—by the Organisation; and\n (b) in respect of an application for a journalist information warrant by an enforcement agency—by the enforcement agency.\n Rate of remuneration\n (3) A Public Interest Advocate may charge for remuneration:\n (a) per day—at the daily rate payable to senior counsel without the approval of the Attorney‑General, as set out in Appendix D of the Legal Services Directions 2017; and\n (b) per hour—at one‑sixth of the maximum daily rate mentioned in paragraph (a), up to a maximum of 6 hours per day.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Disclosure of interests","content":"#### 21 Disclosure of interests\n\n A Public Interest Advocate must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the Public Interest Advocate has or acquires and that conflicts or could conflict with the proper performance of his or her functions.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Conflicts of interest","content":"#### 22 Conflicts of interest\n\n (1) A Public Interest Advocate must take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the proper performance of his or her functions as a Public Interest Advocate.\n (2) If the Public Interest Advocate believes that he or she has a conflict of interest (real or apparent) in relation to the subject‑matter of a proposed request by the Director‑General of Security or proposed application by an enforcement agency for a journalist information warrant, the Public Interest Advocate must:\n (a) in the case of a proposed request by the Director‑General of Security—advise the Director‑General of Security that he or she is unable to prepare a submission in relation to the proposed request; or\n (b) in the case of a proposed written application by an enforcement agency—advise the applicant that he or she is unable to prepare a submission in relation to the proposed application; or\n (c) in the case of a proposed oral application by an enforcement agency—advise the applicant that he or she is unable to attend the hearing of the application.\n (3) To avoid doubt, subsection (2) does not limit subparagraph 13(1)(b)(ii) or subsection 13(2).","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Resignation","content":"#### 23 Resignation\n\n (1) A Public Interest Advocate may resign from his or her position by giving the Prime Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Prime Minister or, if a later day is specified in the resignation, on that later day.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Termination of appointment","content":"#### 24 Termination of appointment\n\n (1) The Prime Minister may revoke the declaration of a Public Interest Advocate:\n (a) for misbehaviour by the Public Interest Advocate; or\n (b) if the Public Interest Advocate is unable to perform his or her duties because of physical or mental incapacity.\n (2) The Prime Minister must revoke the declaration of a Public Interest Advocate if:\n (a) the Public Interest Advocate:\n (i) becomes bankrupt; or\n (ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with one or more of his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or\n (b) the Public Interest Advocate fails, without reasonable excuse, to comply with section 21 or 22; or\n (c) the Public Interest Advocate is a person mentioned in paragraph 18(1)(a) and either:\n (i) ceases to be a King’s Counsel or Senior Counsel; or\n (ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or\n (ca) the Public Interest Advocate is a person mentioned in paragraph 18(1)(aa) and either:\n (i) ceases to be a legal practitioner; or\n (ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or\n (d) the Public Interest Advocate holds a position mentioned in subsection 18(2).","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Immunity from legal action","content":"#### 25 Immunity from legal action\n\n No action, suit or proceeding may be brought against a person who is, or has been, a Public Interest Advocate in relation to anything done, or omitted to be done, in good faith by the Public Interest Advocate:\n (a) in the performance, or purported performance, of his or her functions; or\n (b) in the exercise, or purported exercise, or his or her powers.","sortOrder":28},{"sectionNumber":"Division 3","sectionType":"division","heading":"Miscellaneous","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Telecommunications (Interception and Access) Regulations 2017.\n\n#### 3 Authority\n\n This instrument is made under the Telecommunications (Interception and Access) Act 1979.\n\n#### 5 Definitions\n\n In this instrument:\n\n> Act means the Telecommunications (Interception and Access) Act 1979.\n\n## Part 2—General matters\n\n#### 6 Criminal organisation—prescribed provision\n\n For the purposes of paragraph (b) of the definition of criminal organisation in subsection 5(1) of the Act, section 7 of the Serious Crime Control Act 2009 (NT) is prescribed.\n\n> Note: Section 7 of the Serious Crime Control Act 2009 (NT) describes an organisation declared under section 15 of that Act.\n\n#### 7 Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts\n\n For the purposes of paragraph 6K(c) of the Act, each of the following is prescribed:\n (a) the Proceeds of Crime Act 2002;\n (b) the Confiscation of Proceeds of Crime Act 1989 (NSW);\n (c) the Criminal Assets Recovery Act 1990 (NSW);\n (d) the Confiscation Act 1997 (Vic);\n (e) the Criminal Proceeds Confiscation Act 2002 (Qld);\n (f) the Criminal Property Confiscation Act 2000 (WA);\n (g) the Criminal Assets Confiscation Act 2005 (SA);\n (h) the Crime (Confiscation of Profits) Act 1993 (Tas);\n (i) the Confiscation of Criminal Assets Act 2003 (ACT);\n (j) the Criminal Property Forfeiture Act 2002 (NT).\n\n#### 8 Warrants authorising agencies to intercept telecommunications—prescribed forms\n\n For the purposes of subsection 49(1) of the Act, the following forms are prescribed:\n (a) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(i) of the Act applies—Form 1 in Schedule 1;\n (b) for a warrant issued under subsection 46(1) of the Act to which subparagraph 46(1)(d)(ii) of the Act applies—Form 2 in Schedule 1;\n (ba) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(i) of the Act applies—Form 2A in Schedule 1;\n (bb) for a warrant issued under subsection 46(4) of the Act to which subparagraph 46(4)(d)(ii) of the Act applies—Form 2B in Schedule 1;\n (bc) for a warrant issued under subsection 46(7) of the Act—Form 2C in Schedule 1;\n (bd) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(i) of the Act applies—Form 2D in Schedule 1;\n (be) for a warrant issued under subsection 46(9) of the Act to which subparagraph 46(9)(d)(ii) of the Act applies—Form 2E in Schedule 1;\n (bf) for a warrant issued under subsection 46(12) of the Act—Form 2F in Schedule 1;\n (c) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(i) of the Act applies—Form 3 in Schedule 1;\n (d) for a warrant issued under subsection 46A(1) of the Act to which subparagraph 46A(1)(d)(ii) of the Act applies—Form 4 in Schedule 1;\n (e) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(i) of the Act applies—Form 4A in Schedule 1;\n (f) for a warrant issued under subsection 46A(2A) of the Act to which subparagraph 46A(2A)(e)(ii) of the Act applies—Form 4B in Schedule 1;\n (fa) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(i) of the Act applies—Form 4C in Schedule 1;\n (fb) for a warrant issued under subsection 46A(2C) of the Act to which subparagraph 46A(2C)(h)(ii) of the Act applies—Form 4D in Schedule 1;\n (fc) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(i) of the Act applies—Form 4E in Schedule 1;\n (fd) for a warrant issued under subsection 46A(2E) of the Act to which subparagraph 46A(2E)(e)(ii) of the Act applies—Form 4F in Schedule 1;\n (fe) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(i) of the Act applies—Form 4G in Schedule 1;\n (ff) for a warrant issued under subsection 46A(2G) of the Act to which subparagraph 46A(2G)(g)(ii) of the Act applies—Form 4H in Schedule 1;\n (g) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(1) of the Act—Form 5 in Schedule 1;\n (h) for a control order warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(4) of the Act—Form 5A in Schedule 1;\n (i) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(7) of the Act—Form 5B in Schedule 1;\n (j) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(9) of the Act—Form 5C in Schedule 1;\n (k) for a warrant issued under section 48 of the Act in circumstances mentioned in subsection 46(12) of the Act—Form 5D in Schedule 1.\n\n#### 9 Stored communications warrant—prescribed form\n\n For the purposes of paragraph 118(1)(a) of the Act, the following forms are prescribed:\n (a) for a stored communications warrant issued as a result of an application other than an international assistance application—Form 6 in Schedule 1;\n (b) for a stored communications warrant issued as a result of an international assistance application—Form 6A in Schedule 1.\n\n#### 10 Journalist information warrant—prescribed form\n\n For the purposes of subsection 180U(1) of the Act, Form 7 in Schedule 1 is prescribed.\n\n#### 10A Identifying and blocking malicious SMS messages\n\n (1) For the purposes of subsection 7(2A) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 7(2)(a) of the Act effectively.\n (2) For the purposes of subsection 108(4) of the Act, the matters in subsection (3) of this section are specified for the purposes of determining whether an act or thing done by a person for the purposes of identifying and blocking malicious SMS messages was reasonably necessary in order for the person to perform the person’s duties mentioned in paragraph 108(2)(d) of the Act effectively.\n Matters to which court is to have regard\n (3) For the purposes of subsections (1) and (2), the matters are the following:\n (a) the impacts of malicious SMS messages, and actions taken by users of telecommunications systems in response to those messages, on the operation and maintenance of telecommunications systems;\n (b) the extent to which the act or thing assists in identifying and blocking malicious SMS messages;\n (c) community expectations that malicious SMS messages should be identified and blocked;\n (d) the financial or psychological harm caused, or likely to be caused, by malicious SMS messages;\n (e) the extent to which the act or thing is done in a way that minimises any impacts on users of telecommunications systems, including any impacts on the privacy of users.\n (4) To avoid doubt, nothing in this section limits the matters that a court may have regard to.\n Malicious SMS messages\n (5) For the purposes of this section, an SMS message is a message communicated by means of a short message service or a multimedia message service.\n (6) For the purposes of this section, an SMS message is a malicious SMS message if:\n (a) the SMS message contains a link or a telephone number; and\n (b) the purpose, or apparent purpose, of the SMS message is to mislead or deceive a recipient of the SMS message into using the link or telephone number; and\n (c) the recipient would be likely to suffer detriment as a result of using the link or telephone number.\n\n## Part 3—Access to telecommunications data\n\n### Division 1—Journalist information warrants\n\n#### 11 Public Interest Advocate to be given proposed journalist information warrant requests made by the Director‑General of Security\n\n (1) Before requesting a journalist information warrant under section 180J of the Act, the Director‑General of Security must ensure that a copy of the proposed request is given to a Public Interest Advocate who:\n (a) has been cleared for security purposes to the same level, and at the same frequency, as that required of an ASIO employee; or\n (b) satisfies paragraph 18(1)(b) of this instrument.\n (2) If:\n (a) a copy of a proposed request is given to a Public Interest Advocate, as required by subsection (1); and\n (b) subparagraph 13(1)(b)(ii) applies;\n the Director‑General of Security must ensure that a copy of the proposed request is given to another Public Interest Advocate in accordance with this section.\n\n#### 12 Public Interest Advocate to be given proposed journalist information warrant applications made by an enforcement agency\n\n (1) Before making a written application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is given a copy of the proposed application.\n (2) Before making an oral application for a journalist information warrant under section 180Q of the Act, the person making the application on behalf of an enforcement agency must ensure that a Public Interest Advocate is notified of the proposed application.\n (3) If:\n (a) both:\n (i) a copy of a proposed application is given to a Public Interest Advocate, as required by subsection (1); and\n (ii) subparagraph 13(1)(b)(ii) applies; or\n (b) both:\n (i) a Public Interest Advocate is notified of a proposed application, as required by subsection (2); and\n (ii) the Public Interest Advocate advises that he or she is unable to attend the hearing of the application;\n the person making the application must ensure that a copy of the proposed application is given to another Public Interest Advocate in accordance with this section.\n\n#### 13 Public Interest Advocate to deal with proposed journalist information warrant requests and applications\n\n Requests and written applications\n (1) Upon receiving a proposed request by the Director‑General of Security or written application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate:\n (a) may consider the proposed request or application; and\n (b) must, as soon as reasonably practicable, advise the applicant that:\n (i) he or she will prepare a submission in relation to the proposed request or application; or\n (ii) he or she is unable to prepare a submission in relation to the proposed request or application.\n Oral applications\n (2) Upon being notified about a proposed oral application by an enforcement agency for a journalist information warrant, the relevant Public Interest Advocate must advise the applicant whether he or she is able to attend the hearing of the application.\n\n> Note: See section 15.\n\n Further information relating to requests or applications\n (3) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it;\n then:\n (c) in the case of a request by the Director‑General of Security for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed request for such a warrant; and\n (d) in the case of a written application by an enforcement agency for a journalist information warrant, subsection (1) applies as if the further information or summary were a proposed written application for such a warrant; and\n (e) in the case of an oral application by an enforcement agency for a journalist information warrant, subsection (2) applies as if the further information or summary were a proposed oral application for such a warrant.\n\n#### 14 Public Interest Advocate to prepare submissions\n\n Submission to be prepared\n (1) If subparagraph 13(1)(b)(i) applies, the relevant Public Interest Advocate must prepare a submission relating to the proposed request by the Director‑General of Security or application by an enforcement agency, and endeavour to do so within a reasonable period, but no later than 7 days after being given the proposed request or application.\n (2) The Public Interest Advocate must include in the submission the facts and considerations he or she considers:\n (a) are relevant to one or both of the following:\n (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);\n (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and\n (b) have not been satisfactorily addressed in the proposed request by the Director‑General of Security or application by the enforcement agency.\n (3) Subsection (2) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submission.\n (4) In determining what is a reasonable period to prepare the submission, the Public Interest Advocate must take into account:\n (a) the time that could reasonably be expected to be required to prepare the submission; and\n (b) the gravity of the matter in relation to which the proposed request or application relates; and\n (c) the urgency of the circumstances in which the proposed request or application is made; and\n (d) any other matter that the Public Interest Advocate considers relevant.\n Copy of submission to be given to relevant person\n (5) The Public Interest Advocate must, as soon as reasonably practicable, provide a copy of the submission to:\n (a) in the case of a proposed request by the Director‑General of Security—the Director‑General of Security; and\n (b) in the case of a proposed application by an enforcement agency—the following:\n (i) if the Public Interest Advocate knows the identity of the person who proposes to make the application on behalf of the enforcement agency and that person is available—that person;\n (ii) in any other case—the chief officer of the enforcement agency that is proposing to make the application.\n Submission to take into account further information\n (6) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it; and\n (c) subparagraph 13(1)(b)(i) applies;\n the Public Interest Advocate must update the submission, or prepare a new submission, relating to the request or application taking into account the further information or summary.\n (7) The Public Interest Advocate must endeavour to update the submission, or prepare the new submission, within a reasonable period, but no later than 7 days after being given the further information or summary.\n (8) Subsections (2) to (5) apply in relation to updating the submission or preparing the new submission.\n Late submissions\n (9) If a Public Interest Advocate provides a copy of the submission, or updated submission, after the end of the 7 day period mentioned in subsection (1) or (7), the Attorney‑General or Part 4‑1 issuing authority may consider the late submission or updated submission.\n\n#### 15 Public Interest Advocate’s attendance at hearing of oral application by an enforcement agency for a proposed journalist information warrant\n\n (1) A Public Interest Advocate may attend the hearing of an oral application by an enforcement agency for a journalist information warrant in person, or by telephone or other means of voice communication.\n (2) A Public Interest Advocate attending such a hearing may make submissions to the Part 4‑1 issuing authority hearing the application in the presence of the relevant enforcement agency.\n (3) Submissions made by the Public Interest Advocate must include the facts and considerations he or she considers:\n (a) are relevant to one or both of the following:\n (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);\n (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and\n (b) have not been satisfactorily addressed in the enforcement agency’s application.\n (4) Subsection (3) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submissions.\n (5) If:\n (a) further information is given to a relevant Part 4‑1 issuing authority in relation to an oral application; and\n (b) a Public Interest Advocate is also given the further information or a summary of it; and\n (c) the Public Interest Advocate has confirmed his or her availability to attend the hearing of the application;\n the Public Interest Advocate must update the submission made, or make a new submission, to the Part 4‑1 issuing authority taking into account the further information or summary.\n\n#### 16 Further information, or a copy or summary of information, to be given to Public Interest Advocate\n\n Further information relating to a request by the Director‑General of Security\n (1) If, under section 180K of the Act, the Attorney‑General requires the Director‑General of Security to give to the Attorney‑General further information in connection with a request made by the Director‑General of Security, the Attorney‑General may require that:\n (a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and\n (b) in the case of further information given orally—both:\n (i) the further information, or a summary of it, be given to a Public Interest Advocate; and\n (ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Attorney‑General or another form.\n (2) In deciding whether to act under subsection (1), the Attorney‑General may have regard to the following matters:\n (a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the request;\n (b) the gravity of the matter in relation to which the request relates;\n (c) the urgency of the circumstances in which the request is being made;\n (d) any other matter that the Attorney‑General considers relevant.\n Further information relating to an application by an enforcement agency\n (3) If, under section 180R of the Act, a Part 4‑1 issuing authority requires a person to give to the Part 4‑1 issuing authority further information in connection with an application by an enforcement agency, the Part 4‑1 issuing authority may require that:\n (a) in the case of further information given in writing—the further information, or a copy of it, be given to a Public Interest Advocate; and\n (b) in the case of further information given orally—both:\n (i) the further information, or a summary of it, be given to a Public Interest Advocate; and\n (ii) the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Part 4‑1 issuing authority or another form.\n (4) In deciding whether to act under subsection (3), a Part 4‑1 issuing authority may have regard to the following matters:\n (a) the extent to which further information would be likely to be relevant to a Public Interest Advocate’s preparation of a new submission, or the updating of his or her submission, relating to the application;\n (b) the gravity of the matter in relation to which the application relates;\n (c) the urgency of the circumstances in which the application is being made;\n (d) any other matter that the Part 4‑1 issuing authority considers relevant.\n\n#### 17 Public Interest Advocate to return proposed journalist information warrant requests and applications\n\n (1) After a decision has been made to issue, or refuse to issue, a journalist information warrant, or a request or application for such a warrant is withdrawn, a Public Interest Advocate must:\n (a) in the case of a request by the Director‑General of Security—return the following to the Director‑General of Security:\n (i) the proposed request to which the warrant relates;\n (ii) any submission prepared by a Public Interest Advocate;\n (iii) any other document, or a copy of or extract from a document, relating to the proposed request; and\n (b) in the case of an application by an enforcement agency—return the following to the enforcement agency:\n (i) the proposed application to which the warrant relates;\n (ii) any submission prepared by a Public Interest Advocate;\n (iii) any other document, or a copy of or extract from a document, relating to the proposed application.\n (2) If:\n (a) further information is given to:\n (i) the Attorney‑General in relation to a request by the Director‑General of Security; or\n (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and\n (b) a Public Interest Advocate is also given the further information or a summary of it;\n the Public Interest Advocate must return the document containing the information or summary to the relevant person mentioned in subsection (1).\n\n### Division 2—Public Interest Advocates\n\n#### 18 Eligibility for appointment\n\n (1) Before declaring a person to be a Public Interest Advocate, the Prime Minister must be satisfied that:\n (a) the person is a King’s Counsel or Senior Counsel who has been cleared for security purposes to a level that the Prime Minister considers appropriate; or\n (aa) the person is practising as a barrister of a federal court or the Supreme Court of a State or Territory and:\n (i) for at least 10 years has engaged in practice as a barrister; and\n (ii) has experience in areas of law that the Prime Minister considers relevant; and\n (iii) has been cleared for security purposes to a level that the Prime Minister considers appropriate; or\n (b) the person has served as a judge of:\n (i) the High Court; or\n (ii) a court that is or was created by the Parliament under Chapter III of the Constitution; or\n (iii) the Supreme Court of a State or Territory; or\n (iv) an inferior court of a State or Territory;\n but no longer holds a commission as a judge of a court listed in this paragraph.\n (2) However, the following persons may not be declared as a Public Interest Advocate:\n (a) the Director‑General of Security or a Deputy Director‑General of Security;\n (b) an examiner;\n (c) the Director of Public Prosecutions or a person performing a similar function appointed under the law of a State or Territory;\n (d) the Solicitor‑General of the Commonwealth, or of a State or Territory;\n (e) a person who is employed by the Commonwealth, a State or Territory;\n (f) a member of the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory;\n (g) a Part 4‑1 issuing authority.\n\n#### 19 Term of appointment\n\n A Public Interest Advocate holds office for the period specified in the written instrument declaring the person to be a Public Interest Advocate. The period must not exceed 5 years.\n\n> Note: A Public Interest Advocate may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 20 Remuneration\n\n Entitlement to charge\n (1) A Public Interest Advocate may charge remuneration for the time spent by the Public Interest Advocate in the performance of his or her role as a Public Interest Advocate.\n (2) Such remuneration is to be borne:\n (a) in respect of a request for a journalist information warrant by the Director‑General of Security—by the Organisation; and\n (b) in respect of an application for a journalist information warrant by an enforcement agency—by the enforcement agency.\n Rate of remuneration\n (3) A Public Interest Advocate may charge for remuneration:\n (a) per day—at the daily rate payable to senior counsel without the approval of the Attorney‑General, as set out in Appendix D of the Legal Services Directions 2017; and\n (b) per hour—at one‑sixth of the maximum daily rate mentioned in paragraph (a), up to a maximum of 6 hours per day.\n\n#### 21 Disclosure of interests\n\n A Public Interest Advocate must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the Public Interest Advocate has or acquires and that conflicts or could conflict with the proper performance of his or her functions.\n\n#### 22 Conflicts of interest\n\n (1) A Public Interest Advocate must take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the proper performance of his or her functions as a Public Interest Advocate.\n (2) If the Public Interest Advocate believes that he or she has a conflict of interest (real or apparent) in relation to the subject‑matter of a proposed request by the Director‑General of Security or proposed application by an enforcement agency for a journalist information warrant, the Public Interest Advocate must:\n (a) in the case of a proposed request by the Director‑General of Security—advise the Director‑General of Security that he or she is unable to prepare a submission in relation to the proposed request; or\n (b) in the case of a proposed written application by an enforcement agency—advise the applicant that he or she is unable to prepare a submission in relation to the proposed application; or\n (c) in the case of a proposed oral application by an enforcement agency—advise the applicant that he or she is unable to attend the hearing of the application.\n (3) To avoid doubt, subsection (2) does not limit subparagraph 13(1)(b)(ii) or subsection 13(2).\n\n#### 23 Resignation\n\n (1) A Public Interest Advocate may resign from his or her position by giving the Prime Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Prime Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 24 Termination of appointment\n\n (1) The Prime Minister may revoke the declaration of a Public Interest Advocate:\n (a) for misbehaviour by the Public Interest Advocate; or\n (b) if the Public Interest Advocate is unable to perform his or her duties because of physical or mental incapacity.\n (2) The Prime Minister must revoke the declaration of a Public Interest Advocate if:\n (a) the Public Interest Advocate:\n (i) becomes bankrupt; or\n (ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with one or more of his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or\n (b) the Public Interest Advocate fails, without reasonable excuse, to comply with section 21 or 22; or\n (c) the Public Interest Advocate is a person mentioned in paragraph 18(1)(a) and either:\n (i) ceases to be a King’s Counsel or Senior Counsel; or\n (ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or\n (ca) the Public Interest Advocate is a person mentioned in paragraph 18(1)(aa) and either:\n (i) ceases to be a legal practitioner; or\n (ii) ceases to hold a security clearance to a level that the Prime Minister considers appropriate; or\n (d) the Public Interest Advocate holds a position mentioned in subsection 18(2).\n\n#### 25 Immunity from legal action\n\n No action, suit or proceeding may be brought against a person who is, or has been, a Public Interest Advocate in relation to anything done, or omitted to be done, in good faith by the Public Interest Advocate:\n (a) in the performance, or purported performance, of his or her functions; or\n (b) in the exercise, or purported exercise, or his or her powers.\n\n### Division 3—Miscellaneous\n\n#### 26 Arrangements with States and Territories\n\n Governor‑General may make arrangements\n (1) The Governor‑General may make arrangements with:\n (a) the Governor of a State (other than the Northern Territory); and\n (b) the Chief Minister for the Australian Capital Territory; and\n (c) the Administrator of the Northern Territory;\n with respect to the administration of provisions of the Act and this instrument relating to journalist information warrants.\n Lack of arrangement does not affect validity of exercise of power or performance of function\n (2) The validity of the performance of a function, or the exercise of a power, is not affected by the absence of an arrangement under this section covering the performance of the function, or exercise of the power, relating to the provisions mentioned in subsection (1).\n\n## Part 3A—International production orders\n\n#### 26A Designated international agreement—Australia‑US CLOUD Act Agreement\n\n For the purposes of paragraph 3(1)(b) of Schedule 1 to the Act, a copy of the English text of the Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime is set out in Schedule 2 to this instrument.\n\n## Part 4—Transitional matters\n\n#### 27 Things done under the Telecommunications (Interception and Access) Regulations 1987\n\n (1) If:\n (a) a thing was done for a particular purpose under the Telecommunications (Interception and Access) Regulations 1987 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Arrangements with States and Territories","content":"#### 26 Arrangements with States and Territories\n\n Governor‑General may make arrangements\n (1) The Governor‑General may make arrangements with:\n (a) the Governor of a State (other than the Northern Territory); and\n (b) the Chief Minister for the Australian Capital Territory; and\n (c) the Administrator of the Northern Territory;\n with respect to the administration of provisions of the Act and this instrument relating to journalist information warrants.\n Lack of arrangement does not affect validity of exercise of power or performance of function\n (2) The validity of the performance of a function, or the exercise of a power, is not affected by the absence of an arrangement under this section covering the performance of the function, or exercise of the power, relating to the provisions mentioned in subsection (1).","sortOrder":30},{"sectionNumber":"Part 3A","sectionType":"part","heading":"International production orders","content":"## Part 3A—International production orders","sortOrder":31},{"sectionNumber":"26A","sectionType":"section","heading":"Designated international agreement—Australia‑US CLOUD Act Agreement","content":"#### 26A Designated international agreement—Australia‑US CLOUD Act Agreement\n\n For the purposes of paragraph 3(1)(b) of Schedule 1 to the Act, a copy of the English text of the Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime is set out in Schedule 2 to this instrument.","sortOrder":32},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transitional matters","content":"## Part 4—Transitional matters","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Things done under the Telecommunications (Interception and Access) Regulations 1987","content":"#### 27 Things done under the Telecommunications (Interception and Access) Regulations 1987\n\n (1) If:\n (a) a thing was done for a particular purpose under the Telecommunications (Interception and Access) Regulations 1987 as in force immediately before those Regulations were repealed; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.","sortOrder":34},{"sectionNumber":"Form 1—Telecommunications service warran","sectionType":"part","heading":"Form 1—Telecommunications service warrant","content":"## Form 1—Telecommunications service warrant\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nTELECOMMUNICATIONS SERVICE WARRANT\n\n| Telecommunications service | [unique number assigned to the service; any other known unique identifying factors] |\n| --------------------------- | ------------------------------------------------------------------------------------------------------ |\n| Particular *person/*persons | [full known *name/*names, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the particular \\*person/\\*persons mentioned above \\*is/\\*are using, or \\*is/\\*are likely to use, the service; and\n (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/\\*particular persons are involved:\n \\[short particulars of the serious offence or serious offences\\]; and\n (e) the warrant should be issued having regard to the following matters only:\n (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;\n (ii) the gravity of the conduct constituting the \\*offence/\\*offences being investigated;\n (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;\n (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;\n (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;\n (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;\n \\*(vii) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(viii) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n\n2 Persons who may exercise this authority\n\n 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":35},{"sectionNumber":"Form 2—Telecommunications service warran","sectionType":"part","heading":"Form 2—Telecommunications service warrant—B‑party","content":"## Form 2—Telecommunications service warrant—B‑party\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nTELECOMMUNICATIONS SERVICE WARRANT—B‑PARTY\n\n| Telecommunications service | [unique number assigned to the service; any other known unique identifying factors] |\n| --------------------------- | ------------------------------------------------------------------------------------------------------ |\n| Particular *person/*persons | [full known *name/*names, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the particular \\*person/\\*persons mentioned above \\*is/\\*are using, or \\*is/\\*are likely to use, the service; and\n (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/\\*other persons are involved, with whom the \\*particular person is/\\*particular persons are likely to communicate using the service:\n \\[short particulars of the serious offence or serious offences\\]; and\n (e) the warrant should be issued having regard to the following matters only:\n (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;\n (ii) the gravity of the conduct constituting the \\*offence/\\*offences being investigated;\n (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;\n (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;\n (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;\n (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;\n \\*(vii) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(viii) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (3) I am satisfied that:\n \\*the applicant agency has exhausted all other practicable methods of identifying the services used, or likely to be used, by the \\*person/\\*persons involved in the \\*serious offence/\\*serious offences being investigated.\n \\*interception of communications made to or from a service used or likely to be used by the particular \\*person/\\*persons involved in the \\*serious offence/\\*serious offences being investigated would not otherwise be possible.\n\n2 Persons who may exercise this authority\n\n 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 45 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":36},{"sectionNumber":"Form 2A—Telecommunications service warra","sectionType":"part","heading":"Form 2A—Telecommunications service warrant for Part 5.3 supervisory order","content":"## Form 2A—Telecommunications service warrant for Part 5.3 supervisory order\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nTELECOMMUNICATIONS SERVICE WARRANT FOR PART 5.3 SUPERVISORY ORDER\n\n| Telecommunications service | [unique number assigned to the service; any other known unique identifying factors] |\n| --------------------------- | ------------------------------------------------------------------------------------------------------ |\n| Particular *person/*persons | [full known *name/*names, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the particular \\*person/\\*persons mentioned above \\*is/\\*are using, or \\*is/\\*are likely to use, the service; and\n (d) \\*a Part 5.3 supervisory order is/\\*Part 5.3 supervisory orders are in force (including because of section 6T of the Act) in relation to \\*the particular person/\\*each of the particular persons mentioned above; and\n (e) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:\n \\*(i) achieving a Part 5.3 object; or\n \\*(ii) determining whether the Part 5.3 supervisory \\*order/\\*orders, or any succeeding Part 5.3 supervisory \\*order/\\*orders, \\*has/\\*have been, or \\*is/\\*are being, complied with.\n\n> Note: For paragraph (2)(d), section 6T of the Act deems certain Part 5.3 supervisory orders to be in force if they have been made but not yet come into force.\n\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory \\*order/\\*orders, or any succeeding Part 5.3 supervisory \\*order/\\*orders, \\*has/\\*have been, or \\*is/\\*are being, complied with;\n (c) to what extent methods for:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory \\*order/\\*orders, or any succeeding Part 5.3 supervisory\\*order/\\*orders, \\*has/\\*have been, or \\*is/\\*are being, complied with;\n that do not involve so intercepting communications have been used by, or are available to, the applicant agency;\n (d) how much the use of such methods would be likely to assist in connection with:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory \\*order/\\*orders, or any succeeding Part 5.3 supervisory\\*order/\\*orders, \\*has/\\*have been, or \\*is/\\*are being, complied with;\n (e) how much the use of such methods would be likely to prejudice:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory \\*order/\\*orders, or any succeeding Part 5.3 supervisory\\*order/\\*orders, \\*has/\\*have been, or \\*is/\\*are being, complied with;\n whether because of delay or for any other reason;\n (f) whether intercepting under a warrant communications made to or from the service would be the method that is likely to have the least interference with any person’s privacy;\n \\*(g) \\[if the warrant is issued on the basis of more than one Part 5.3 supervisory order\\] for each Part 5.3 supervisory order that is a control order—the possibility that the person in relation to whom the control order is in force:\n (i) has engaged, is engaging, or will engage, in a terrorist act; or\n (ii) has provided, is providing, or will provide, support for a terrorist act; or\n (iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or\n (iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or\n (v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;\n \\*(ga) \\[if the warrant is issued on the basis of more than one Part 5.3 supervisory order\\] for each Part 5.3 supervisory order that is an extended supervision order or interim supervision order—the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious Part 5.3 or 5.3A offence;\n (gb) for each Part 5.3 supervisory order—the possibility that the person in relation to whom the order is in force:\n (i) has contravened, is contravening or will contravene the Part 5.3 supervisory order; or\n (ii) will contravene a succeeding Part 5.3 supervisory order;\n \\*(h) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(i) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) This warrant is issued on the basis of the Part 5.3 supervisory \\*order/\\*orders mentioned in paragraph (2)(d), details of which are specified in the following table.\n\n```html\n

Part 5.3 supervisory *order/*orders

The name of the person in relation to whom the Part 5.3 supervisory order was made

The date the Part 5.3 supervisory order was made

Whether the Part 5.3 supervisory order is an interim control order, confirmed control order, interim supervision order or extended supervision order

[the name of the person in relation to whom the Part 5.3 supervisory order was made]

[the date the Part 5.3 supervisory order was made]

*interim control order/*confirmed control order/*interim supervision order/*extended supervision order

\n```\n\n> Note: A warrant may remain in force if the Part 5.3 supervisory order is replaced by one or more succeeding Part 5.3 supervisory orders (see section 6U and subsection 49(6A) of the Act).\n\n\\[If the warrant is issued on the basis of more than one Part 5.3 supervisory order, include one item in the table for each Part 5.3 supervisory order.\\]\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":37},{"sectionNumber":"Form 2B—Telecommunications service warra","sectionType":"part","heading":"Form 2B—Telecommunications service warrant for Part 5.3 supervisory order—B‑party","content":"## Form 2B—Telecommunications service warrant for Part 5.3 supervisory order—B‑party\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nTELECOMMUNICATIONS SERVICE WARRANT FOR PART 5.3 SUPERVISORY ORDER—B‑PARTY\n\n| Telecommunications service | [unique number assigned to the service; any other known unique identifying factors] |\n| --------------------------- | ------------------------------------------------------------------------------------------------------ |\n| Particular *person/*persons | [full known *name/*names, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the particular \\*person/\\*persons mentioned above \\*is/\\*are using, or \\*is/\\*are likely to use, the service; and\n (d) a Part 5.3 supervisory order is in force (including because of section 6T of the Act) in relation to another person, and the particular \\*person/\\*persons mentioned above \\*is/\\*are likely to communicate with the other person using the service; and\n (e) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:\n \\*(i) achieving a Part 5.3 object; or\n \\*(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.\n\n> Note: For paragraph (2)(d), section 6T of the Act deems certain Part 5.3 supervisory orders to be in force if they have been made but not yet come into force.\n\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n (c) to what extent methods for:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n that do not involve so intercepting communications have been used by, or are available to, the applicant agency;\n (d) how much the use of such methods would be likely to assist in connection with:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n (e) how much the use of such methods would be likely to prejudice:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n whether because of delay or for any other reason;\n (f) whether intercepting under a warrant communications made to or from the service would be the method that is likely to have the least interference with any person’s privacy;\n \\*(g) in relation to a Part 5.3 supervisory order that is a control order—the possibility that the person in relation to whom the control order is in force:\n (i) has engaged, is engaging, or will engage, in a terrorist act; or\n (ii) has provided, is providing, or will provide, support for a terrorist act; or\n (iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or\n (iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or\n (v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;\n \\*(ga) in relation to a Part 5.3 supervisory order that is an extended supervision order or interim supervision order—the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious Part 5.3 or 5.3A offence;\n (gb) in relation to any Part 5.3 supervisory order—the possibility that the person in relation to whom the order is in force:\n (i) has contravened, is contravening or will contravene the Part 5.3 supervisory order; or\n (ii) will contravene a succeeding Part 5.3 supervisory order;\n \\*(h) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(i) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) I am satisfied that:\n \\*the applicant agency has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the person to whom the Part 5.3 supervisory order relates.\n \\*interception of communications made to or from a telecommunications service used or likely to be used by the person to whom the Part 5.3 supervisory order relates would not otherwise be possible.\n (5) This warrant is issued on the basis of the Part 5.3 supervisory order mentioned in paragraph (2)(d), details of which are specified in the following table.\n\n```html\n

Part 5.3 supervisory order

The name of the person in relation to whom the Part 5.3 supervisory order was made

The date the Part 5.3 supervisory order was made

Whether the Part 5.3 supervisory order is an interim control order, confirmed control order, interim supervision order or extended supervision order

[the name of the person in relation to whom the Part 5.3 supervisory order was made]

[the date the Part 5.3 supervisory order was made]

*interim control order/*confirmed control order/*interim supervision order/*extended supervision order

\n```\n\n> Note: A warrant may remain in force if the Part 5.3 supervisory order is replaced by one or more succeeding Part 5.3 supervisory orders (see section 6U and subsection 49(6A) of the Act).\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 45 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":38},{"sectionNumber":"Form 2C—Telecommunications service warra","sectionType":"part","heading":"Form 2C—Telecommunications service warrant for post‑sentence order application","content":"## Form 2C—Telecommunications service warrant for post‑sentence order application\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nTELECOMMUNICATIONS SERVICE WARRANT FOR POST‑SENTENCE ORDER APPLICATION\n\n| Telecommunications service | [unique number assigned to the service; any other known unique identifying factors] |\n| --------------------------- | ------------------------------------------------------------------------------------------------------ |\n| Particular *person/*persons | [full known *name/*names, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, the service; and\n (d) the person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and\n (e) the person is detained in custody; and\n (f) there are reasonable grounds to suspect that there is an appreciable risk of the person committing a serious Part 5.3 or 5.3A offence; and\n (g) consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post‑sentence order in relation to the person; and\n (h) 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 determining whether to apply for the post‑sentence order.\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(h) would be likely to assist in determining whether to apply for the post‑sentence order;\n (c) to what extent methods of determining whether to apply for the post‑sentence order that do not involve so intercepting communications have been used by, or are available to, the AFP Minister (or a legal representative of the AFP Minister);\n (d) how much the use of such methods would be likely to assist in determining whether to apply for the post‑sentence order;\n (e) how much the use of such methods would be likely to prejudice determining whether to apply for the post‑sentence order, whether because of delay or for any other reason;\n \\*(f) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(g) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) This warrant is issued to determine whether to make an application for a post‑sentence order in relation to \\[the name of the person in relation to whom the application for the post‑sentence order would be made\\].\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":39},{"sectionNumber":"Form 2D—Telecommunications service warra","sectionType":"part","heading":"Form 2D—Telecommunications service warrant for community safety supervision order","content":"## Form 2D—Telecommunications service warrant for community safety supervision order\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nTELECOMMUNICATIONS SERVICE WARRANT FOR COMMUNITY SAFETY SUPERVISION ORDER\n\n| Telecommunications service | [unique number assigned to the service; any other known unique identifying factors] |\n| --------------------------- | ------------------------------------------------------------------------------------------------------ |\n| Particular *person/*persons | [full known *name/*names, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the particular \\*person/\\*persons mentioned above \\*is/\\*are using, or \\*is/\\*are likely to use, the service; and\n (d) \\*a community safety supervision order is/\\*community safety supervision orders are in force (including because of section 6UA of the Act) in relation to \\*the particular person/\\*each of the particular persons mentioned above; and\n (e) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:\n \\*(i) achieving a Part 9.10 object; or\n \\*(ii) determining whether the community safety supervision \\*order/\\*orders, or any succeeding community safety supervision order \\*order/\\*orders, \\*has/\\*have been, or \\*is/\\*are being, complied with.\n\n> Note: For paragraph (2)(d), section 6UA of the Act deems community safety supervision orders to be in force if they have been made but not yet come into force.\n\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision \\*order/\\*orders, or any succeeding community safety supervision \\*order/\\*orders, \\*has/\\*have been, or \\*is/\\*are being, complied with;\n (c) to what extent methods for:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision \\*order/\\*orders, or any succeeding community safety supervision order/\\*orders, \\*has/\\*have been, or \\*is/\\*are being, complied with;\n that do not involve so intercepting communications have been used by, or are available to, the applicant agency;\n (d) how much the use of such methods would be likely to assist in connection with:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision \\*order/\\*orders, or any succeeding community safety supervision \\*order/\\*orders, \\*has/\\*have been, or \\*is/\\*are being, complied with;\n (e) how much the use of such methods would be likely to prejudice:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision \\*order/\\*orders, or any succeeding community safety supervision\\*order/\\*orders, \\*has/\\*have been, or \\*is/\\*are being, complied with;\n whether because of delay or for any other reason;\n (f) whether intercepting under a warrant communications made to or from the service would be the method that is likely to have the least interference with any person’s privacy;\n (g) the possibility that the person in relation to whom the community safety supervision order is in force has committed, is committing, or will commit a serious violent or sexual offence;\n (h) the possibility that the person in relation to whom the community safety supervision order is in force:\n (i) has contravened, is contravening or will contravene the community safety supervision order; or\n (ii) will contravene a succeeding community safety supervision order;\n \\*(i) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(j) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) This warrant is issued on the basis of the community safety supervision \\*order/\\*orders mentioned in paragraph (2)(d), details of which are specified in the following table.\n\n```html\n

Community safety supervision *order/*orders

The name of the person in relation to whom the community safety supervision order was made

The date the community safety supervision order was made

[the name of the person in relation to whom the community safety supervision order was made]

[the date the community safety supervision order was made]

\n```\n\n> Note: A warrant may remain in force if the community safety supervision order is replaced by one or more succeeding community safety supervision orders (see section 6UB and subsection 49(6B) of the Act).\n\n\\[If the warrant is issued on the basis of more than one community safety supervision order, include one item in the table for each community safety supervision order.\\]\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":40},{"sectionNumber":"Form 2E—Telecommunications service warra","sectionType":"part","heading":"Form 2E—Telecommunications service warrant for community safety supervision order—B‑party","content":"## Form 2E—Telecommunications service warrant for community safety supervision order—B‑party\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nTELECOMMUNICATIONS SERVICE WARRANT FOR COMMUNITY SAFETY SUPERVISION ORDER—B‑PARTY\n\n| Telecommunications service | [unique number assigned to the service; any other known unique identifying factors] |\n| --------------------------- | ------------------------------------------------------------------------------------------------------ |\n| Particular *person/*persons | [full known *name/*names, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the particular \\*person/\\*persons mentioned above \\*is/\\*are using, or \\*is/\\*are likely to use, the service; and\n (d) a community safety supervision order is in force (including because of section 6UA of the Act) in relation to another person, and the particular \\*person/\\*persons mentioned above \\*is/\\*are likely to communicate with the other person using the service; and\n (e) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:\n \\*(i) achieving a Part 9.10 object; or\n \\*(ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.\n\n> Note: For paragraph (2)(d), section 6UA of the Act deems community safety supervision orders to be in force if they have been made but not yet come into force.\n\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n (c) to what extent methods for:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n that do not involve so intercepting communications have been used by, or are available to, the applicant agency;\n (d) how much the use of such methods would be likely to assist in connection with:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n (e) how much the use of such methods would be likely to prejudice:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n whether because of delay or for any other reason;\n (f) whether intercepting under a warrant communications made to or from the service would be the method that is likely to have the least interference with any person’s privacy;\n (g) the possibility that the person in relation to whom the community safety supervision order is in force:\n (i) has contravened, is contravening or will contravene the community safety supervision order; or\n (ii) will contravene a succeeding community safety supervision order;\n \\*(h) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(i) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) I am satisfied that:\n \\*the applicant agency has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the person to whom the community safety supervision order relates.\n \\*interception of communications made to or from a telecommunications service used or likely to be used by the person to whom the community safety supervision order relates would not otherwise be possible.\n (5) This warrant is issued on the basis of the community safety supervision order mentioned in paragraph (2)(d), details of which are specified in the following table.\n\n```html\n

Community safety supervision order

The name of the person in relation to whom the community safety supervision order was made

The date the community safety supervision order was made

[the name of the person in relation to whom the community safety supervision order was made]

[the date the community safety supervision order was made]

\n```\n\n> Note: A warrant may remain in force if the community safety supervision order is replaced by one or more succeeding community safety supervision orders (see section 6UB and subsection 49(6B) of the Act).\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 45 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":41},{"sectionNumber":"Form 2F—Telecommunications service warra","sectionType":"part","heading":"Form 2F—Telecommunications service warrant for Part 9.10 order application","content":"## Form 2F—Telecommunications service warrant for Part 9.10 order application\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nTELECOMMUNICATIONS SERVICE WARRANT FOR PART 9.10 ORDER APPLICATION\n\n| Telecommunications service | [unique number assigned to the service; any other known unique identifying factors] |\n| --------------------------- | ------------------------------------------------------------------------------------------------------ |\n| Particular *person/*persons | [full known *name/*names, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, the service; and\n (d) the person is a serious offender in relation to whom an application for a Part 9.10 order could be made; and\n (e) there are reasonable grounds to suspect that there is an appreciable risk of the person committing a serious violent or sexual offence; and\n (f) consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and\n (g) 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 determining whether to apply for the Part 9.10 order.\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(g) would be likely to assist in determining whether to apply for the Part 9.10 order;\n (c) to what extent methods of determining whether to apply for the Part 9.10 order that do not involve so intercepting communications have been used by, or are available to, the Immigration Minister (or a legal representative of the Immigration Minister);\n (d) how much the use of such methods would be likely to assist in determining whether to apply for the Part 9.10 order;\n (e) how much the use of such methods would be likely to prejudice determining whether to apply for the Part 9.10 order, whether because of delay or for any other reason;\n \\*(f) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(g) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) This warrant is issued to determine whether to make an application for a Part 9.10 order in relation to \\[the name of the person in relation to whom the application for the Part 9.10 order would be made\\].\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":42},{"sectionNumber":"Form 3—Named person warrant—telecommunic","sectionType":"part","heading":"Form 3—Named person warrant—telecommunications services","content":"## Form 3—Named person warrant—telecommunications services\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nNAMED PERSON WARRANT — TELECOMMUNICATIONS SERVICES\n\n| Particular person(named person) | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| ------------------------------- | ---------------------------------------------------------------------------------------------- |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than 1 telecommunications service; and\n (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:\n \\[short particulars of the serious offence or serious offences\\]; and\n (e) the warrant should be issued having regard to the following matters only:\n (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;\n (ii) the gravity of the conduct constituting the \\*offence/\\*offences being investigated;\n (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;\n (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;\n (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;\n (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;\n \\*(vii) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(viii) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n\n2 Persons who may exercise this authority\n\n 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n\\*General\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\n\\*Excluded telecommunications services\n\n This warrant does not authorise the interception of communications made to or from the following telecommunications services:\n \\[details and location of service(s)\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":43},{"sectionNumber":"Form 4—Named person warrant—telecommunic","sectionType":"part","heading":"Form 4—Named person warrant—telecommunications devices","content":"## Form 4—Named person warrant—telecommunications devices\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nNAMED PERSON WARRANT — TELECOMMUNICATIONS DEVICES\n\n| Particular person(named person) | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| ---------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------- |\n| Particular telecommunications *device/*devices | [For each telecommunication device, the unique number assigned to the device (if known) and other known unique identifying factors] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than 1 telecommunications service; and\n (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:\n \\[short particulars of the serious offence or serious offences\\]; and\n (e) the warrant should be issued having regard to the following matters only:\n (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;\n (ii) the gravity of the conduct constituting the \\*offence/\\*offences being investigated;\n (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;\n (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;\n (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;\n (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;\n \\*(vii) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(viii) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (3) I am satisfied that:\n \\*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.\n \\*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.\n\n2 Persons who may exercise this authority\n\n 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":44},{"sectionNumber":"Form 4A—Named person warrant for Part 5.","sectionType":"part","heading":"Form 4A—Named person warrant for Part 5.3 supervisory order—telecommunications services","content":"## Form 4A—Named person warrant for Part 5.3 supervisory order—telecommunications services\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nNAMED PERSON WARRANT FOR PART 5.3 SUPERVISORY ORDER—TELECOMMUNICATIONS SERVICES\n\n| Particular person(named person) | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| ------------------------------- | ---------------------------------------------------------------------------------------------- |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than one telecommunications service; and\n (d) a Part 5.3 supervisory order is in force (including because of section 6T of the Act) in relation to the named person; and\n (e) 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 substantially assist in connection with:\n \\*(i) achieving a Part 5.3 object; or\n \\*(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.\n\n> Note: For paragraph (2)(d), section 6T of the Act deems certain Part 5.3 supervisory orders to be in force if they have been made but not yet come into force.\n\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n (c) to what extent methods (including the use of a warrant issued under section 46 of the Act) for:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n 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;\n (d) how much the use of such methods would be likely to assist in connection with:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n (e) how much the use of such methods would be likely to prejudice:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n whether because of delay or for any other reason;\n (f) whether intercepting under a warrant communications referred to in paragraph (a) would be the method that is likely to have the least interference with any person’s privacy;\n \\*(g) in relation to a Part 5.3 supervisory order that is a control order—the possibility that the person in relation to whom the control order is in force:\n (i) has engaged, is engaging, or will engage, in a terrorist act; or\n (ii) has provided, is providing, or will provide, support for a terrorist act; or\n (iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or\n (iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or\n (v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;\n \\*(ga) in relation to a Part 5.3 supervisory order that is an extended supervision order or interim supervision order—the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious Part 5.3 or 5.3A offence;\n (gb) in relation to any Part 5.3 supervisory order—the possibility that the person in relation to whom the order is in force:\n (i) has contravened, is contravening or will contravene the Part 5.3 supervisory order; or\n (ii) will contravene a succeeding Part 5.3 supervisory order;\n \\*(h) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(i) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) This warrant is issued on the basis of the Part 5.3 supervisory order mentioned in paragraph (2)(d), details of which are specified in the following table.\n\n```html\n

Part 5.3 supervisory order

The name of the person in relation to whom the Part 5.3 supervisory order was made

The date the Part 5.3 supervisory order was made

Whether the Part 5.3 supervisory order is an interim control order, confirmed control order, interim supervision order or extended supervision order

[the name of the person in relation to whom the Part 5.3 supervisory order was made]

[the date the Part 5.3 supervisory order was made]

*interim control order/*confirmed control order/*interim supervision order/*extended supervision order

\n```\n\n> Note: A warrant may remain in force if the Part 5.3 supervisory order is replaced by one or more succeeding Part 5.3 supervisory orders (see section 6U and subsection 49(6A) of the Act).\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n\\*General\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\n\\*Excluded telecommunications services\n\n This warrant does not authorise the interception of communications made to or from the following telecommunications services:\n \\[details and location of service(s)\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":45},{"sectionNumber":"Form 4B—Named person warrant for Part 5.","sectionType":"part","heading":"Form 4B—Named person warrant for Part 5.3 supervisory order—telecommunications devices","content":"## Form 4B—Named person warrant for Part 5.3 supervisory order—telecommunications devices\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nNAMED PERSON WARRANT FOR PART 5.3 SUPERVISORY ORDER—TELECOMMUNICATIONS DEVICES\n\n| Particular person(named person) | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| ---------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------- |\n| Particular telecommunications *device/*devices | [For each telecommunication device, the unique number assigned to the device (if known) and other known unique identifying factors] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than one telecommunications service; and\n (d) a Part 5.3 supervisory order is in force (including because of section 6T of the Act) in relation to the named person; and\n (e) 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 substantially assist in connection with:\n \\*(i) achieving a Part 5.3 object; or\n \\*(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.\n\n> Note: For paragraph (2)(d), section 6T of the Act deems certain Part 5.3 supervisory orders to be in force if they have been made but not yet come into force.\n\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n (c) to what extent methods (including the use of a warrant issued under section 46 of the Act) for:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n 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;\n (d) how much the use of such methods would be likely to assist in connection with:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n (e) how much the use of such methods would be likely to prejudice:\n (i) achieving a Part 5.3 object; or\n (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;\n whether because of delay or for any other reason;\n (f) whether intercepting under a warrant communications referred to in paragraph (a) would be the method that is likely to have the least interference with any person’s privacy;\n \\*(g) in relation to a Part 5.3 supervisory order that is a control order—the possibility that the person in relation to whom the control order is in force:\n (i) has engaged, is engaging, or will engage, in a terrorist act; or\n (ii) has provided, is providing, or will provide, support for a terrorist act; or\n (iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or\n (iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or\n (v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;\n \\*(ga) in relation to a Part 5.3 supervisory order that is an extended supervision order or interim supervision order—the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit a serious Part 5.3 or 5.3A offence;\n (gb) in relation to any Part 5.3 supervisory order—the possibility that the person in relation to whom the order is in force:\n (i) has contravened, is contravening or will contravene the Part 5.3 supervisory order; or\n (ii) will contravene a succeeding Part 5.3 supervisory order;\n \\*(h) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(i) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) I am satisfied that:\n \\*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.\n \\*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.\n (5) This warrant is issued on the basis of the Part 5.3 supervisory order mentioned in paragraph (2)(d), details of which are specified in the following table.\n\n```html\n

Part 5.3 supervisory order

The name of the person in relation to whom the Part 5.3 supervisory order was made

The date the Part 5.3 supervisory order was made

Whether the Part 5.3 supervisory order is an interim control order, confirmed control order, interim supervision order or extended supervision order

[the name of the person in relation to whom the Part 5.3 supervisory order was made]

[the date the Part 5.3 supervisory order was made]

*interim control order/*confirmed control order/*interim supervision order/*extended supervision order

\n```\n\n> Note: A warrant may remain in force if the Part 5.3 supervisory order is replaced by one or more succeeding Part 5.3 supervisory orders (see section 6U and subsection 49(6A) of the Act).\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":46},{"sectionNumber":"Form 4C—Named person warrant for post‑se","sectionType":"part","heading":"Form 4C—Named person warrant for post‑sentence order application—telecommunications services","content":"## Form 4C—Named person warrant for post‑sentence order application—telecommunications services\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nNAMED PERSON WARRANT FOR POST‑SENTENCE ORDER APPLICATION—TELECOMMUNICATIONS SERVICES\n\n| Particular person(named person) | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| ------------------------------- | ---------------------------------------------------------------------------------------------- |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than one telecommunications service; and\n (d) the named person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and\n (e) the named person is detained in custody; and\n (f) there are reasonable grounds to suspect that there is an appreciable risk of the named person committing a serious Part 5.3 or 5.3A offence; and\n (g) consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post‑sentence order in relation to the named person; and\n (h) information that would be likely to be obtained by intercepting under a warrant:\n (i) communications made to or from any telecommunications service that the named person is using, or is likely to use; or\n (ii) communications made by means of a particular telecommunications device or particular telecommunications devices that the named person is using, or is likely to use;\n would be likely to assist in determining whether to apply for the post‑sentence order.\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant:\n (i) communications made to or from any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; or\n (ii) communications made by means of a particular telecommunications device or particular telecommunications devices used, or likely to be used, by the person in respect of whom the warrant is sought;\n (b) how much the information referred to in paragraph (2)(h) would be likely to assist in connection with determining whether to apply for the post‑sentence order;\n (c) to what extent methods (including the use of a warrant issued under section 46 of the Act) for determining whether to apply for a post‑sentence order that do not involve so intercepting communications have been used by, or are available to, the AFP Minister (or a legal representative of the AFP Minister);\n (d) how much the use of such methods would be likely to assist in determining whether to apply for the post‑sentence order;\n (e) how much the use of such methods would be likely to prejudice determining whether to apply for the post‑sentence order, whether because of delay or for any other reasons;\n \\*(f) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(g) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) This warrant is issued to determine whether to make an application for a post‑sentence order in relation to \\[the name of the person in relation to whom the application would be made\\].\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n\\*General\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\n\\*Excluded telecommunications services\n\n This warrant does not authorise the interception of communications made to or from the following telecommunications services:\n \\[details and location of service(s)\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":47},{"sectionNumber":"Form 4D—Named person warrant for post‑se","sectionType":"part","heading":"Form 4D—Named person warrant for post‑sentence order application—telecommunications devices","content":"## Form 4D—Named person warrant for post‑sentence order application—telecommunications devices\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nNAMED PERSON WARRANT FOR POST‑SENTENCE ORDER APPLICATION — TELECOMMUNICATIONS DEVICES\n\n| Particular person(named person) | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| ---------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------- |\n| Particular telecommunications *device/*devices | [For each telecommunication device, the unique number assigned to the device (if known) and other known unique identifying factors] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than one telecommunications service; and\n (d) the named person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and\n (e) the named person is detained in custody; and\n (f) there are reasonable grounds to suspect that there is an appreciable risk of the named person committing a serious Part 5.3 or 5.3A offence; and\n (g) consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post‑sentence order in relation to the named person; and\n (h) 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 substantially assist in connection with determining whether to apply for the post‑sentence order.\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(h) would be likely to assist in connection with determining whether to apply for the post‑sentence order;\n (c) to what extent methods (including the use of a warrant issued under section 46 of the Act) for determining whether to apply for the post‑sentence order 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;\n (d) how much the use of such methods would be likely to assist in connection with determining whether to apply for the post‑sentence order;\n (e) how much the use of such methods would be likely to prejudice determining whether to apply for the post‑sentence order, whether because of delay or for any other reason;\n (f) whether intercepting under a warrant communications referred to in paragraph (a) would be the method that is likely to have the least interference with any person’s privacy;\n \\*(g) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(h) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) I am satisfied that:\n \\*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.\n \\*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.\n (5) This warrant is issued to determine whether to make an application for a post‑sentence order in relation to \\[the name of the person in relation to whom the application would be made\\].\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":48},{"sectionNumber":"Form 4E—Named person warrant for communi","sectionType":"part","heading":"Form 4E—Named person warrant for community safety supervision order—telecommunications services","content":"## Form 4E—Named person warrant for community safety supervision order—telecommunications services\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nNAMED PERSON WARRANT FOR community safety supervision order—TELECOMMUNICATIONS SERVICES\n\n| Particular person(named person) | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| ------------------------------- | ---------------------------------------------------------------------------------------------- |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than one telecommunications service; and\n (d) a community safety supervision order is in force (including because of section 6UA of the Act) in relation to the named person; and\n (e) 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 substantially assist in connection with:\n \\*(i) achieving a Part 9.10 object; or\n \\*(ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.\n\n> Note: For paragraph (2)(d), section 6UA of the Act deems community safety supervision orders to be in force if they have been made but not yet come into force.\n\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n (c) to what extent methods (including the use of a warrant issued under section 46 of the Act) for:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n 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;\n (d) how much the use of such methods would be likely to assist in connection with:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n (e) how much the use of such methods would be likely to prejudice:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n whether because of delay or for any other reason;\n (f) whether intercepting under a warrant communications referred to in paragraph (a) would be the method that is likely to have the least interference with any person’s privacy;\n \\*(g) the possibility that the person in relation to whom the community safety supervision order is in force has committed, is committing, or will commit a serious violent or sexual offence;\n (h) the possibility that the person in relation to whom the community safety supervision order is in force:\n (i) has contravened, is contravening or will contravene the community safety supervision order; or\n (ii) will contravene a succeeding community safety supervision order;\n \\*(i) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(j) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) This warrant is issued on the basis of the community safety supervision order mentioned in paragraph (2)(d), details of which are specified in the following table.\n\n```html\n

Community safety supervision order

The name of the person in relation to whom the community safety supervision order was made

The date the community safety supervision order was made

[the name of the person in relation to whom the community safety supervision order was made]

[the date the community safety supervision order was made]

\n```\n\n> Note: A warrant may remain in force if the community safety supervision order is replaced by one or more succeeding community safety supervision orders (see section 6UB and subsection 49(6B) of the Act).\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n\\*General\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\n\\*Excluded telecommunications services\n\n This warrant does not authorise the interception of communications made to or from the following telecommunications services:\n \\[details and location of service(s)\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":49},{"sectionNumber":"Form 4F—Named person warrant for communi","sectionType":"part","heading":"Form 4F—Named person warrant for community safety supervision order—telecommunications devices","content":"## Form 4F—Named person warrant for community safety supervision order—telecommunications devices\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nNAMED PERSON WARRANT FOR community safety supervision order—TELECOMMUNICATIONS DEVICES\n\n| Particular person(named person) | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| ---------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------- |\n| Particular telecommunications *device/*devices | [For each telecommunication device, the unique number assigned to the device (if known) and other known unique identifying factors] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than one telecommunications service; and\n (d) a community safety supervision order is in force (including because of section 6UA of the Act) in relation to the named person; and\n (e) 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 substantially assist in connection with:\n \\*(i) achieving a Part 9.10 object; or\n \\*(ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.\n\n> Note: For paragraph (2)(d), section 6UA of the Act deems community safety supervision orders to be in force if they have been made but not yet come into force.\n\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n (c) to what extent methods (including the use of a warrant issued under section 46 of the Act) for:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n 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;\n (d) how much the use of such methods would be likely to assist in connection with:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n (e) how much the use of such methods would be likely to prejudice:\n (i) achieving a Part 9.10 object; or\n (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with;\n whether because of delay or for any other reason;\n (f) whether intercepting under a warrant communications referred to in paragraph (a) would be the method that is likely to have the least interference with any person’s privacy;\n \\*(g) the possibility that the person in relation to whom the community safety supervision order is in force has committed, is committing, or will commit a serious violent or sexual offence;\n (h) the possibility that the person in relation to whom the community safety supervision order is in force:\n (i) has contravened, is contravening or will contravene the community safety supervision order; or\n (ii) will contravene a succeeding community safety supervision order;\n \\*(i) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(j) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) I am satisfied that:\n \\*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.\n \\*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.\n (5) This warrant is issued on the basis of the community safety supervision order mentioned in paragraph (2)(d), details of which are specified in the following table.\n\n```html\n

Community safety supervision order

The name of the person in relation to whom the community safety supervision order was made

The date the community safety supervision order was made

[the name of the person in relation to whom the community safety supervision order was made]

[the date the community safety supervision order was made]

\n```\n\n> Note: A warrant may remain in force if the community safety supervision order is replaced by one or more succeeding community safety supervision orders (see section 6UB and subsection 49(6B) of the Act).\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":50},{"sectionNumber":"Form 4G—Named person warrant for Part 9.","sectionType":"part","heading":"Form 4G—Named person warrant for Part 9.10 order application—telecommunications services","content":"## Form 4G—Named person warrant for Part 9.10 order application—telecommunications services\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nNAMED PERSON WARRANT FOR PART 9.10 ORDER APPLICATION—TELECOMMUNICATIONS SERVICES\n\n| Particular person(named person) | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| ------------------------------- | ---------------------------------------------------------------------------------------------- |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than one telecommunications service; and\n (d) the named person is a serious offender in relation to whom an application for a Part 9.10 order could be made; and\n (e) there are reasonable grounds to suspect that there is an appreciable risk of the named person committing a serious violent or sexual offence; and\n (f) consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the named person; and\n (g) information that would be likely to be obtained by intercepting under a warrant:\n (i) communications made to or from any telecommunications service that the named person is using, or is likely to use; or\n (ii) communications made by means of a particular telecommunications device or particular telecommunications devices that the named person is using, or is likely to use;\n would be likely to assist in determining whether to apply for the Part 9.10 order.\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant:\n (i) communications made to or from any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; or\n (ii) communications made by means of a particular telecommunications device or particular telecommunications devices used, or likely to be used, by the person in respect of whom the warrant is sought;\n (b) how much the information referred to in paragraph (2)(g) would be likely to assist in connection with determining whether to apply for the Part 9.10 order;\n (c) to what extent methods (including the use of a warrant issued under section 46 of the Act) for determining whether to apply for a Part 9.10 order that do not involve so intercepting communications have been used by, or are available to, the Immigration Minister (or a legal representative of the Immigration Minister);\n (d) how much the use of such methods would be likely to assist in determining whether to apply for the Part 9.10 order;\n (e) how much the use of such methods would be likely to prejudice determining whether to apply for the Part 9.10 order, whether because of delay or for any other reasons;\n \\*(f) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(g) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) This warrant is issued to determine whether to make an application for a Part 9.10 order in relation to \\[the name of the person in relation to whom the application would be made\\].\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n\\*General\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\n\\*Excluded telecommunications services\n\n This warrant does not authorise the interception of communications made to or from the following telecommunications services:\n \\[details and location of service(s)\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":51},{"sectionNumber":"Form 4H—Named person warrant for Part 9.","sectionType":"part","heading":"Form 4H—Named person warrant for Part 9.10 order application—telecommunications devices","content":"## Form 4H—Named person warrant for Part 9.10 order application—telecommunications devices\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nNAMED PERSON WARRANT FOR PART 9.10 ORDER APPLICATION — TELECOMMUNICATIONS DEVICES\n\n| Particular person(named person) | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| ---------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------- |\n| Particular telecommunications *device/*devices | [For each telecommunication device, the unique number assigned to the device (if known) and other known unique identifying factors] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART 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.\n (2) I am satisfied, on the basis of the information given to me by the applicant agency, that:\n (a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than one telecommunications service; and\n (d) the named person is a serious offender in relation to whom an application for a Part 9.10 order could be made; and\n (e) there are reasonable grounds to suspect that there is an appreciable risk of the named person committing a serious violent or sexual offence; and\n (f) consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the named person; and\n (g) 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 substantially assist in connection with determining whether to apply for the Part 9.10 order.\n (3) I am satisfied, on the basis of the information given to me by the applicant agency, that the warrant should be issued having regard to the following matters only:\n (a) 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;\n (b) how much the information referred to in paragraph (2)(g) would be likely to assist in connection with determining whether to apply for the Part 9.10 order;\n (c) to what extent methods (including the use of a warrant issued under section 46 of the Act) for determining whether to apply for the Part 9.10 order 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;\n (d) how much the use of such methods would be likely to assist in connection with determining whether to apply for the Part 9.10 order;\n (e) how much the use of such methods would be likely to prejudice determining whether to apply for the Part 9.10 order, whether because of delay or for any other reason;\n (f) whether intercepting under a warrant communications referred to in paragraph (a) would be the method that is likely to have the least interference with any person’s privacy;\n \\*(g) \\[if the applicant agency is an interception agency of Victoria\\] any submissions made by the Victorian PIM under section 44A of the Act to me;\n \\*(h) \\[if the applicant agency is an interception agency of Queensland\\] any submissions made by the Queensland PIM under section 45 of the Act to me.\n (4) I am satisfied that:\n \\*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.\n \\*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.\n (5) This warrant is issued to determine whether to make an application for a Part 9.10 order in relation to \\[the name of the person in relation to whom the application would be made\\].\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":52},{"sectionNumber":"Form 5—Warrant for entry on premises and","sectionType":"part","heading":"Form 5—Warrant for entry on premises and interception of communications","content":"## Form 5—Warrant for entry on premises and interception of communications\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nWARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS\n\n| Premises | [description and location of premises, including business name, operating name, other known names and other known identifying information] |\n| -------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------ |\n| Telecommunications service | [number assigned to the service; any other known unique identifying factors] |\n| Particular person | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 48 of the Act, authorise:\n (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\n (b) interceptions of such communications by the use of that equipment or line.\n (2) This warrant authorises:\n (a) entry on the premises:\n (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\n \\*(ii) without permission first being sought or demand first being made; and\n \\*(b) the following measures, that I am satisfied are necessary and reasonable for those purposes:\n \\[specify measures authorised to be taken\\].\n (3) I am satisfied:\n (a) that subsection 48(2) of the Act has been complied with in relation to the application for this warrant; and\n (b) on the basis of the information given to me by the applicant agency, that:\n (i) subsection 46(1) of the Act would empower me to issue a warrant if the application had been made under section 46 of the Act; and\n (ii) Division 3 of Part 2‑5 of the Act has been complied with in relation to this application; and\n \\*(iia) because of urgent circumstances, it was necessary to make the application by telephone; and\n (iib) there are reasonable grounds for suspecting that the particular \\*person/\\*persons mentioned above \\*is/\\*are using, or \\*is/\\*are likely to use, the service; and\n (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\n \\*the particular person mentioned above is involved:\n \\*another person is involved, with whom the particular person mentioned above is likely to communicate using the service:\n \\[short particulars of the serious offence or serious offences\\]; and\n (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:\n \\*for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.\n \\*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.\n\n2 Persons who may exercise this authority\n\n 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[specify date\\].\n \\[specify a date that is:\n (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\n (b) otherwise — not more than 90 days away\\]\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":53},{"sectionNumber":"Form 5A—Warrant for entry on premises an","sectionType":"part","heading":"Form 5A—Warrant for entry on premises and interception of communications for Part 5.3 supervisory orders","content":"## Form 5A—Warrant for entry on premises and interception of communications for Part 5.3 supervisory orders\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nWARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS FOR PART 5.3 SUPERVISORY ORDER\n\n| Premises | [description and location of premises, including business name, operating name, other known names and other known identifying information] |\n| -------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------ |\n| Telecommunications service | [number assigned to the service; any other known unique identifying factors] |\n| Particular person | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 48 of the Act, authorise:\n (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\n (b) interceptions of such communications by the use of that equipment or line.\n (2) This warrant authorises:\n (a) entry on the premises:\n (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\n \\*(ii) without permission first being sought or demand first being made; and\n \\*(b) the following measures, that I am satisfied are necessary and reasonable for those purposes:\n \\[specify measures authorised to be taken\\].\n (3) I am satisfied:\n (a) that subsection 48(2) of the Act has been complied with in relation to the application for this warrant; and\n (b) on the basis of the information given to me by the applicant agency, that:\n (i) subsection 46(4) of the Act would empower me to issue a warrant if the application had been made under section 46 of the Act; and\n (ii) Division 3 of Part 2‑5 of the Act has been complied with in relation to this application; and\n \\*(iii) because of urgent circumstances, it was necessary to make the application by telephone; and\n (iv) there are reasonable grounds for suspecting that the particular person mentioned above is using, or is likely to use, the service; and\n (v) a Part 5.3 supervisory order is in force (including because of section 6T of the Act) in relation to:\n \\*\\[if subparagraph 46(4)(d)(ii) of the Act would apply if the application had been made under section 46 of the Act\\] the particular person mentioned above; and\n \\*\\[otherwise\\] a person other than the particular person mentioned above, and the particular person mentioned above is likely to communicate with the other person using the service; and\n (c) on the basis of the information given to me by the applicant agency, that information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:\n \\*(i) achieving a Part 5.3 object; or\n \\*(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and\n (d) 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:\n \\*for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.\n \\*because, if the warrant were issued under section 46 of the Act, 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 achievement of the objective for which the warrant was issued.\n\n> Note: For subparagraph (3)(b)(v), section 6T of the Act deems certain Part 5.3 supervisory orders to be in force if they have been made but not yet come into in force.\n\n (4) This warrant is issued on the basis of the Part 5.3 supervisory order mentioned in subparagraph (3)(b)(v), details of which are specified in the following table.\n\n```html\n

Part 5.3 supervisory order

The name of the person in relation to whom the Part 5.3 supervisory order was made

The date the Part 5.3 supervisory order was made

Whether the Part 5.3 supervisory order is an interim control order, confirmed control order, interim supervision order or extended supervision order

[the name of the person in relation to whom the Part 5.3 supervisory order was made]

[the date the Part 5.3 supervisory order was made]

*interim control order/*confirmed control order/*interim supervision order/*extended supervision order

\n```\n\n> Note: A warrant may remain in force if the Part 5.3 supervisory order is replaced by one or more succeeding Part 5.3 supervisory orders (see section 6U and subsection 49(6A) of the Act).\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant applies to a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[specify date\\].\n \\[specify a date that is:\n (a) if subparagraph 46(4)(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\n (b) otherwise—not more than 90 days away.\\]\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":54},{"sectionNumber":"Form 5B—Warrant for entry on premises an","sectionType":"part","heading":"Form 5B—Warrant for entry on premises and interception of communications for post‑sentence order applications","content":"## Form 5B—Warrant for entry on premises and interception of communications for post‑sentence order applications\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nWARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS FOR POST‑SENTENCE ORDER APPLICATION\n\n| Premises | [description and location of premises, including business name, operating name, other known names and other known identifying information] |\n| -------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------ |\n| Telecommunications service | [number assigned to the service; any other known unique identifying factors] |\n| Particular person | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 48 of the Act, authorise:\n (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\n (b) interceptions of such communications by the use of that equipment or line.\n (2) This warrant authorises:\n (a) entry on the premises:\n (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\n \\*(ii) without permission first being sought or demand first being made; and\n \\*(b) the following measures, that I am satisfied are necessary and reasonable for those purposes:\n \\[specify measures authorised to be taken\\].\n (3) I am satisfied:\n (a) that subsection 48(2) of the Act has been complied with in relation to the application for this warrant; and\n (b) on the basis of the information given to me by the applicant agency, that:\n (i) subsection 46(7) of the Act would empower me to issue a warrant if the application had been made under section 46 of the Act; and\n (ii) Division 3 of Part 2‑5 of the Act has been complied with in relation to this application; and\n \\*(iii) because of urgent circumstances, it was necessary to make the application by telephone; and\n (iv) there are reasonable grounds for suspecting that the particular \\*person/\\*persons mentioned above \\*is/\\*are using, or \\*is/\\*are likely to use, the service; and\n (v) consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post‑sentence order in relation to the person; and\n (c) on the basis of the information given to me by the applicant agency, that 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 determining whether to apply for a post‑sentence order; and\n (d) 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:\n \\*for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.\n \\*because, if the warrant were issued under section 46 of the Act, 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 achievement of the objective for which the warrant was issued.\n\n> Note: For Part 5.3 supervisory orders that have been made but not come into force, see section 6T of the Act.\n\n (4) This warrant is issued to determine whether to make an application for a post‑sentence order in relation to \\[the name of the person in relation to whom the application for the post‑sentence order would be made\\].\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant applies to a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[specify date\\].\n \\[specify a date that is not more than 90 days away\\]\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":55},{"sectionNumber":"Form 5C—Warrant for entry on premises an","sectionType":"part","heading":"Form 5C—Warrant for entry on premises and interception of communications for community safety supervision orders","content":"## Form 5C—Warrant for entry on premises and interception of communications for community safety supervision orders\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nWARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS FOR COMMUNITY SAFETY SUPERVISION ORDER\n\n| Premises | [description and location of premises, including business name, operating name, other known names and other known identifying information] |\n| -------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------ |\n| Telecommunications service | [number assigned to the service; any other known unique identifying factors] |\n| Particular person | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 48 of the Act, authorise:\n (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\n (b) interceptions of such communications by the use of that equipment or line.\n (2) This warrant authorises:\n (a) entry on the premises:\n (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\n \\*(ii) without permission first being sought or demand first being made; and\n \\*(b) the following measures, that I am satisfied are necessary and reasonable for those purposes:\n \\[specify measures authorised to be taken\\].\n (3) I am satisfied:\n (a) that subsection 48(2) of the Act has been complied with in relation to the application for this warrant; and\n (b) on the basis of the information given to me by the applicant agency, that:\n (i) subsection 46(9) of the Act would empower me to issue a warrant if the application had been made under section 46 of the Act; and\n (ii) Division 3 of Part 2‑5 of the Act has been complied with in relation to this application; and\n \\*(iii) because of urgent circumstances, it was necessary to make the application by telephone; and\n (iv) there are reasonable grounds for suspecting that the particular person mentioned above is using, or is likely to use, the service; and\n (v) a community safety supervision order is in force (including because of section 6UA of the Act) in relation to:\n \\*\\[if subparagraph 46(9)(d)(ii) of the Act would apply if the application had been made under section 46 of the Act\\] the particular person mentioned above; and\n \\*\\[otherwise\\] a person other than the particular person mentioned above, and the particular person mentioned above is likely to communicate with the other person using the service; and\n (c) on the basis of the information given to me by the applicant agency, that information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:\n \\*(i) achieving a Part 9.10 object; or\n \\*(ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and\n (d) 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:\n \\*for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.\n \\*because, if the warrant were issued under section 46 of the Act, 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 achievement of the objective for which the warrant was issued.\n\n> Note: For subparagraph (3)(b)(v), section 6UA of the Act deems community safety supervision orders to be in force if they have been made but not yet come into in force.\n\n (4) This warrant is issued on the basis of the community safety supervision order mentioned in subparagraph (3)(b)(v), details of which are specified in the following table.\n\n```html\n

Community safety supervision order

The name of the person in relation to whom the community safety supervision order was made

The date the community safety supervision order was made

[the name of the person in relation to whom the community safety supervision order was made]

[the date the community safety supervision order was made]

\n```\n\n> Note: A warrant may remain in force if the community safety supervision order is replaced by one or more succeeding community safety supervision orders (see section 6UB and subsection 49(6B) of the Act).\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant applies to a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[specify date\\].\n \\[specify a date that is:\n (a) if subparagraph 46(9)(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\n (b) otherwise—not more than 90 days away.\\]\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":56},{"sectionNumber":"Form 5D—Warrant for entry on premises an","sectionType":"part","heading":"Form 5D—Warrant for entry on premises and interception of communications for Part 9.10 order applications","content":"## Form 5D—Warrant for entry on premises and interception of communications for Part 9.10 order applications\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nWARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS FOR PART 9.10 ORDER APPLICATION\n\n| Premises | [description and location of premises, including business name, operating name, other known names and other known identifying information] |\n| -------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------ |\n| Telecommunications service | [number assigned to the service; any other known unique identifying factors] |\n| Particular person | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| Applicant agency | [name] |\n\n1 Authorisation\n\n (1) I, \\[name\\], \\*an eligible Judge/\\*a nominated ART member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 48 of the Act, authorise:\n (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\n (b) interceptions of such communications by the use of that equipment or line.\n (2) This warrant authorises:\n (a) entry on the premises:\n (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\n \\*(ii) without permission first being sought or demand first being made; and\n \\*(b) the following measures, that I am satisfied are necessary and reasonable for those purposes:\n \\[specify measures authorised to be taken\\].\n (3) I am satisfied:\n (a) that subsection 48(2) of the Act has been complied with in relation to the application for this warrant; and\n (b) on the basis of the information given to me by the applicant agency, that:\n (i) subsection 46(12) of the Act would empower me to issue a warrant if the application had been made under section 46 of the Act; and\n (ii) Division 3 of Part 2‑5 of the Act has been complied with in relation to this application; and\n \\*(iii) because of urgent circumstances, it was necessary to make the application by telephone; and\n (iv) there are reasonable grounds for suspecting that the particular \\*person/\\*persons mentioned above \\*is/\\*are using, or \\*is/\\*are likely to use, the service; and\n (v) consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and\n (c) on the basis of the information given to me by the applicant agency, that 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 determining whether to apply for a Part 9.10 order; and\n (d) 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:\n \\*for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.\n \\*because, if the warrant were issued under section 46 of the Act, 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 achievement of the objective for which the warrant was issued.\n\n> Note: For Part 9.10 orders that are community safety supervision orders and have been made but not come into force, see section 6UA of the Act.\n\n (4) This warrant is issued to determine whether to make an application for a Part 9.10 order in relation to \\[the name of the person in relation to whom the application for the Part 9.10 order would be made\\].\n\n2 Persons who may exercise this authority\n\n Under subsection 55(1) of the Act, the authority conferred by this warrant applies to a person 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.\n\n3 Period for which warrant is in force\n\n (1) Under section 54 of the Act, this warrant comes into force when it is issued.\n (2) This warrant is in force until \\[specify date\\].\n \\[specify a date that is not more than 90 days away\\]\n\n\\*4 Conditions\n\n Interceptions under this warrant are subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n Interceptions under this warrant are subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n…………………………………..\n\n\\*Judge/\\*nominated ART member\n\n\\* Omit if not applicable","sortOrder":57},{"sectionNumber":"Form 6—Stored communications warrant—dom","sectionType":"part","heading":"Form 6—Stored communications warrant—domestic","content":"## Form 6—Stored communications warrant—domestic\n\nCommonwealth of Australia\n\nTelecommunications (Interception and Access) Act 1979\n\nSTORED COMMUNICATIONS WARRANT\n\n| Person in respect of whom warrant is issued | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| -------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------- |\n| Applicant criminal law‑enforcement agency | [name] |\n| Person making application on behalf of applicant criminal law‑enforcement agency | [full name] |\n\nNote: 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.\n\n1 Authorisation\n\n (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:\n (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\n (b) that becomes, or became, a stored communication before the warrant is first executed in relation to the carrier that holds the communication.\n (2) I am satisfied, on the basis of the information given to me under Part 3‑3 of the Act in connection with the application for this warrant, that:\n (a) Division 1 of Part 3‑3 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that \\*a particular carrier holds/\\*particular carriers hold stored communications:\n (i) that the person mentioned above has made; or\n (ii) that another person has made and for which the person mentioned above is the intended recipient; and\n (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 criminal law‑enforcement agency of the following \\*serious contravention/\\*serious contraventions in which the person mentioned above is involved:\n \\[short particulars of each serious contravention\\]; and\n \\*(e) the person mentioned above is a victim of a serious contravention and:\n (i) the person is unable to consent; or\n (ii) it is impracticable for the person to consent;\n to those stored communications being accessed; and\n (f) the warrant should be issued having regard to the following matters only:\n (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;\n (ii) the gravity of the conduct constituting each serious contravention;\n (iii) how much the information referred to in paragraph (d) would be likely to assist in connection with the investigation by the applicant criminal law‑enforcement agency of each serious contravention;\n (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 criminal law‑enforcement agency;\n (v) how much the use of such methods would be likely to assist in connection with the investigation by the applicant criminal law‑enforcement agency of each serious contravention;\n (vi) how much the use of such methods would be likely to prejudice the investigation by the applicant criminal law‑enforcement agency of each serious contravention, whether because of delay or for any other reason.\n\n2 Persons who may exercise this authority\n\n Under section 127 of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant criminal law‑enforcement agency, or another criminal law‑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.\n\n3 Duration of warrant\n\n (1) Under section 125 of the Act, this warrant comes into force when it is issued.\n \\*(2) Under subsection 119(1) of the Act, this warrant remains in force until the occurrence of the sooner of the following:\n (a) the warrant is first executed;\n (b) the end of the period of 5 days after the day on which it was issued.\n\n\\[Complete the above subclause only if the warrant relates to 1 or more telecommunication services that are all operated by the same carrier\\]\n\n \\*(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:\n (a) the warrant is first executed in relation to a telecommunications service operated by that particular carrier;\n (b) the end of the period of 5 days after the day on which it was issued.\n\n\\[Complete the above subclause only if the warrant relates to 2 or more telecommunications services that are not all operated by the same carrier\\]\n\n\\*4 Conditions\n\n The accessing of stored communications under this warrant is subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n The accessing of stored communications under this warrant is subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n……………………..\n\nIssuing Authority\n\n\\* Omit if not applicable","sortOrder":58},{"sectionNumber":"Form 6A—Stored communications warrant—in","sectionType":"part","heading":"Form 6A—Stored communications warrant—international","content":"## Form 6A—Stored communications warrant—international\n\nCommonwealth of Australia\n\nTelecommunications (Interception and Access) Act 1979\n\nSTORED COMMUNICATIONS WARRANT\n\n| Person in respect of whom warrant is issued | [full known name, other known names, other known identifying information (e.g. date of birth)] |\n| -------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------- |\n| Applicant criminal law‑enforcement agency | [name] |\n| Person making application on behalf of applicant criminal law‑enforcement agency | [full name] |\n\nNote: 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.\n\n1 Authorisation\n\n (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:\n (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\n (b) that becomes, or became, a stored communication before the warrant is first executed in relation to the carrier that holds the communication.\n (2) I am satisfied, on the basis of the information given to me under Part 3‑3 of the Act in connection with the application for this warrant, that:\n (a) Division 1 of Part 3‑3 of the Act has been complied with in relation to the application for this warrant; and\n \\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and\n (c) there are reasonable grounds for suspecting that \\*a particular carrier holds/\\*particular carriers hold stored communications:\n (i) that the person mentioned above has made; or\n (ii) that another person has made and for which the person mentioned above is the intended recipient; and\n (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, investigative proceeding, or proceeding by \\[name of entity to which the application relates\\], of the following \\*serious foreign contravention/\\*serious foreign contraventions in which the person mentioned above is involved:\n \\[short particulars of each serious foreign contravention\\]; and\n (e) the warrant should be issued having regard to the following matters only:\n (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;\n (ii) the gravity of the conduct constituting each serious foreign contravention;\n (iii) how much the information referred to in paragraph (d) would be likely to assist in connection with the investigation, investigative proceeding, or proceeding by \\[name of entity to which the application relates\\], of each serious foreign contravention, to the extent that this is possible to determine from information obtained from \\[name of entity to which the application relates\\].\n\n2 Persons who may exercise this authority\n\n Under section 127 of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant criminal law‑enforcement agency, or another criminal law‑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.\n\n3 Duration of warrant\n\n (1) Under section 125 of the Act, this warrant comes into force when it is issued.\n \\*(2) Under subsection 119(1) of the Act, this warrant remains in force until the occurrence of the sooner of the following:\n (a) the warrant is first executed;\n (b) the end of the period of 5 days after the day on which it was issued.\n\n\\[Complete the above subclause only if the warrant relates to 1 or more telecommunication services that are all operated by the same carrier\\]\n\n \\*(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:\n (a) the warrant is first executed in relation to a telecommunications service operated by that particular carrier;\n (b) the end of the period of 5 days after the day on which it was issued.\n\n\\[Complete the above subclause only if the warrant relates to 2 or more telecommunications services that are not all operated by the same carrier\\]\n\n\\*4 Conditions\n\n The accessing of stored communications under this warrant is subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n The accessing of stored communications under this warrant is subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n……………………..\n\nIssuing Authority\n\n\\* Omit if not applicable","sortOrder":59},{"sectionNumber":"Form 7—Journalist information warrant","sectionType":"part","heading":"Form 7—Journalist information warrant","content":"## Form 7—Journalist information warrant\n\nCommonwealth of Australia\n\n Telecommunications (Interception and Access) Act 1979\n\nJOURNALIST INFORMATION WARRANT\n\n| *Person/*persons in respect of whom warrant is issued | [full known name, other known names, other known identifying information (e.g. date of birth or Australian Business Number)] |\n| ------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------- |\n| Applicant enforcement agency | [name] |\n| Person making application on behalf of applicant enforcement agency | [full name] |\n\nNote: See subsection 180U(5) of the Act in relation to issuing a further warrant in relation to a person or persons in respect of whom a warrant has, or warrants have, previously been issued.\n\n1 Authorisation\n\n (1) I, \\[name\\], a Part 4‑1 issuing authority within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 180T of the Act, authorise the making of one or more authorisations under \\*section/\\*sections \\*178, \\*178A, \\*179 or \\*180 of the Act in relation to the particular \\*person/\\*persons mentioned above.\n (2) I am satisfied, on the basis of the information given to me by the applicant enforcement agency, that:\n (a) this warrant is reasonably necessary for the following \\*purpose/\\*purposes:\n \\*(i) \\[if the warrant authorises the making of authorisations under section 178 of the Act\\] for the enforcement of the criminal law;\n \\*(ii) \\[if the warrant authorises the making of authorisations under section 178A of the Act\\] to find a person who the Australian Federal Police, or a Police Force of a State, has been notified is missing;\n \\*(iii) \\[if the warrant authorises the making of authorisations under section 179 of the Act\\] for the enforcement of a law imposing a pecuniary penalty or the protection of the public revenue;\n \\*(iv) \\[if the warrant authorises the making of authorisations under section 180 of the Act\\] the investigation of an offence of a kind referred to in subsection 180(4) of the Act; and\n (b) the public interest in issuing this warrant outweighs the public interest in protecting the confidentiality of the source in connection with whom authorisations would be made, having regard to the matters set out in paragraph 180T(2)(b) of the Act.\n \\*\\[short particulars of each other matter to which regard was had, as allowed by subparagraph 180T(2)(b)(vi) of the Act\\].\n\n2 Persons who may exercise this authority\n\n The authority conferred by this warrant may be exercised by an authorised officer of the applicant enforcement agency.\n\n3 Duration of warrant\n\n (1) Under section 180V of the Act, this warrant comes into force when it is issued.\n (2) Under subsection 180U(3) of the Act, this warrant remains in force until \\[a date that is not more than 90 days away\\].\n\n\\*4 Conditions\n\n The making of an authorisation under this warrant is subject to the following conditions:\n \\[details of conditions\\].\n\n\\*5 Restrictions\n\n The making of an authorisation under this warrant is subject to the following restrictions:\n \\[details of restrictions\\].\n\nDated\n\n……………………………..\n\nPart 4‑1 Issuing Authority\n\n\\* Omit if not applicable","sortOrder":60}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":966},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond a simple 'forms and procedures' instrument. Originally likely focused on basic warrant templates, the instrument now encompasses: (1) a complete Public Interest Advocate scheme with appointment, remuneration and conduct rules; (2) detailed criteria for blocking malicious SMS messages; (3) incorporation of international data sharing agreements; and (4) complex warrant categories for terrorism, serious offenders, and immigration detention contexts that mirror the expanding scope of the parent Act."},"complexity_factors":["22 distinct warrant forms with highly specific triggering conditions and mandatory content requirements","Extensive cross-referencing to sections of the parent Act (TIA Act 1979) — many provisions only make sense when read with the Act","Nested conditional logic throughout (e.g., Form 5A paragraph 3(b)(v) has multiple sub-conditions for different supervisory order types)","Multiple overlapping warrant categories (Part 5.3 supervisory orders, Part 9.10 orders, post-sentence orders, community safety supervision orders) with similar but not identical requirements","Public Interest Advocate provisions create a complex administrative scheme with appointment eligibility, termination grounds, remuneration calculations, and procedural rules","Form templates include extensive optional/conditional fields marked with asterisks that must be completed or omitted based on circumstances","Transitional provisions preserving actions under repealed 1987 regulations","Incorporation by reference of international treaty text (Australia-US CLOUD Act Agreement)"],"plain_english_summary":"These regulations under the Telecommunications (Interception and Access) Act prescribe which criminal and proceeds laws trigger access powers, set 22 warrant forms for different interception and access needs (including named-person, stored-communications, entry, supervisory and journalist-source warrants), create a Public Interest Advocate scheme to review journalist-source requests, provide court guidance on blocking scam SMS, and incorporate the Australia–US CLOUD Act Agreement for cross-border data requests. They primarily affect carriers, law enforcement (including ASIO), journalists and sources, and people subject to serious-offender or terrorism supervision."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with a narrow administrative instrument that primarily prescribed warrant forms, this 2017 instrument expands scope by adding substantive procedural controls and new subject matter. Notably it: (1) creates and details a Public Interest Advocate scheme (eligibility, duties, remuneration, removal, immunity) and embeds PIA review into the journalist‑information warrant process (regs 11–25); (2) specifies judicial matters for lawful identification and blocking of 'malicious SMS messages' (reg 10A) rather than leaving that solely to carrier practice; and (3) incorporates an international production order mechanism by designating the Australia–US CLOUD Act Agreement (reg 26A). Those additions shift the instrument beyond mere housekeeping of forms to establishing stakeholder roles, oversight mechanics and a cross‑border data access pathway."},"complexity_factors":["Large number of prescribed forms and many variants (Forms 1–7 with subvariants: e.g. Forms 2, 2A–2F, 3–5D, 6/6A, 7 and numerous named‑person/device variants) — high template complexity (reg 8, Schedule 1).","Multiple cross‑references to the principal Act (Telecommunications (Interception and Access) Act 1979) and to other statutes (e.g. Serious Crime Control Act 2009 (NT), state confiscation Acts) increasing interpretive load (regs 6–7, throughout forms).","Nested conditional logic for different warrant types (e.g. Part 5.3 supervisory orders, post‑sentence, community safety, Part 9.10/5.3/5.3A distinctions) across many forms leading to branching execution paths (forms 2A–2F, 4A–4H, 5A–5D).","Detailed procedural requirements and timing for Public Interest Advocate engagement, submissions, attendance, updates and return of materials (regs 11–17) with multiple contingency clauses (e.g. availability, conflicts, further information).","PIA eligibility and removal rules contain several alternative qualification paths and disqualification categories, plus executive appointment and termination powers (reg 18, 24).","Interplay between court discretion and specified factors (reg 10A) for malicious SMS — legal standards left broad and fact‑dependent, requiring judicial interpretation.","Inclusion of an international agreement (Australia–US CLOUD Act Agreement) via Schedule 2 and interaction with Act Schedule 1 international production order framework (reg 26A) — introduces cross‑jurisdictional complexity.","Transitional provisions preserving actions under repealed 1987 Regulations require mapping old practice to new instrument (reg 27)."],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Prescribes the forms, procedures and some substantive administrative details needed to operate the Telecommunications (Interception and Access) Act 1979 (the Act). Key form categories are interception warrants (many variants), warrants for entry and interception on premises, stored‑communications warrants, and journalist‑information warrants (see regs 8–10 and Schedule 1 forms).\n- Sets out procedural rules for journalist‑information warrants: proposed requests/applications must be given to a Public Interest Advocate (PIA), the PIA may prepare submissions, may attend hearings and the rules fix timeframes, copying and return of materials (regs 11–17).\n- Establishes the PIA scheme: eligibility and disqualifications for appointment, term limits, remuneration rules (who pays and at what rates), disclosure/conflict requirements, resignation and removal, and immunity for acts done in good faith (regs 18–25).\n- Specifies matters a court must (or may) consider when deciding whether acts to identify and block \"malicious SMS messages\" are reasonably necessary (reg 10A). It defines what counts as an SMS and what is a \"malicious SMS message\" for these purposes (reg 10A(5)–(6)).\n- Prescribes certain interstate and territory laws for particular definitions and prescribes a list of confiscation/forfeiture Acts relevant to the Act (regs 6–7).\n- Designates the Australia–US CLOUD Act Agreement as a \"designated international agreement\" for the Act's international production order regime and attaches the English text (reg 26A and Schedule 2).\n- Contains transitional savings for things done under the earlier 1987 Regulations so they continue to have effect where covered by the new instrument (reg 27).\n\n**Who is affected\n\n- Law enforcement and national security agencies (applicants) and Part 4‑1 issuing authorities (judges, nominated Australian Review Tribunal members, etc.) — the Regulations specify forms, processes and additional procedural steps (e.g. PIA involvement) they must follow (regs 8–17).\n- Public Interest Advocates — senior barristers, KC/SCs or former judges who meet security‑clearance requirements — who have specific duties, rights to remuneration and protections (regs 18–25).\n- Journalists and their confidential sources — the Regulations implement the mechanic for journalist‑information warrants and require the balancing of public interest against source confidentiality when issuing such warrants (Division 1, regs 11–17; Form 7).\n- Telecommunications carriers and intermediaries — required to respond to warrants in prescribed form and to implement lawful interception or stored communications access; also potentially involved in technical measures to identify or block malicious SMS (forms, reg 10A).\n- Members of the public — particularly users of telecommunications services who may be subject to interception warrants or encounter blocked SMS; the instrument defines what counts as a malicious SMS for lawful blocking (reg 10A).\n- International providers and foreign authorities — via the designation of the Australia–US CLOUD Act Agreement for international production orders (reg 26A).\n\n**Why it matters (policy rationale and mechanical consequences)\n\n- Official purpose claims: the Regulations implement and update administrative detail and safeguards for interception and access powers under the Act (forms, processes, PIA input), provide legal clarity for blocking malicious SMS, and enable international production orders under the CLOUD Act agreement (regs 8–10, 10A, 26A).\n\n- Testing those claims against costs, incentives and trade‑offs:\n - Administrative and compliance cost: the instrument is operational — it imposes a paperwork and process structure (many prescribed forms, procedures for PIA engagement). Agencies must prepare applications in the prescribed forms and supply information to PIAs; carriers must process warrants and may need to implement technical blocking/identification measures (regs 8–10, 10A). These are direct costs borne by applicant agencies and carriers (and for PIAs, note remuneration is payable by the requesting agency — reg 20).\n - Oversight and delay trade‑off: PIA involvement creates an independent review step intended as a safeguard (regs 11–17). That introduces the risk of additional delay or the need for duplicate copies or second PIAs where conflicts or unavailability arise (regs 11(2), 12(3)). The Regulations allow consideration of late PIA submissions but do not guarantee timeframes beyond \"as soon as reasonably practicable\" and a 7‑day target for written submissions (reg 14), so urgency and delay are explicit trade‑offs.\n - Concentrated benefits and diffuse costs: benefits of interception powers (and international production orders) accrue to law‑enforcement and national security agencies (concentrated). Costs (privacy interference, compliance burden on carriers, potential chilling on journalistic sources) are dispersed across service users, journalists, and smaller providers who may have proportionally larger compliance burdens (forms/systems) (multiple regs; Form 7; reg 10A).\n - Risk of politicisation or capture: the Prime Minister appoints PIAs and sets security‑clearance expectations (reg 18). That central appointment mechanism provides control over who performs the independent role; the Regulations mitigate conflict via disclosure and removal rules but vest appointment/removal power in the executive (regs 18, 21–24). The concrete mechanism here is appointment/termination by PM plus clearance requirements, not independent selection by the judiciary.\n - Effect on speech and source confidentiality: the journalist‑information warrant machinery (regs 11–17; Form 7) lowers the barrier for compelled disclosure of journalist‑related information in defined circumstances — the Regulations create a formal PIA input but do not eliminate the warrant power. Mechanically, the issuing authority must balance public interest against source confidentiality (see Form 7; reg 1 authorisation text in Form 7).\n - Technical and market effects: reg 10A authorises courts to consider a list of factors when judging whether acts to identify/block SMS are \"reasonably necessary\". In practice, carriers may need to adopt filtering, analytics or blocking systems. That shifts costs to carriers (investment in detection, potential false positives), and could disadvantage smaller or new entrants if the technical burden is high. The Regulations do not prescribe specific technical standards — they set legal criteria courts must consider (reg 10A(3)).\n - Cross‑border cooperation: designating the Australia–US CLOUD Act Agreement (reg 26A) enables use of an executive international production order framework; it operationally creates a path for foreign‑held data to be requested without the domestic mutual legal assistance process, subject to the Agreement and Act. That changes the practical route for accessing data held by foreign providers and creates interoperability obligations for Australian agencies and providers who receive such orders.\n\n**Implementation and enforcement risks\n\n- High procedural complexity across many warrant types and forms (Schedule 1 forms 1–7 and numerous variants) increases the risk of technical non‑compliance or inconsistent practice by agencies and issuing authorities (see reg 8 and Schedule 1 forms).\n- PIA availability, security clearance logistics and remuneration arrangements could produce bottlenecks or inconsistent review quality (regs 11–20).\n- Technical uncertainty about SMS identification and false positives: courts must weigh proportionality and privacy but providers must decide what detection and blocking measures to implement in the absence of prescribed technical standards (reg 10A).\n\n**Concrete mechanics — who pays, who decides, what changes behaviour\n\n- Who pays: requesting agencies pay PIAs (reg 20). Carriers and enforcement agencies bear compliance costs associated with executing warrants and implementing interception or blocking measures.\n- Who decides: Part 4‑1 issuing authorities (judges, nominated ART members) issue warrants; the Prime Minister appoints PIAs; the Attorney‑General/issuing authorities decide on whether to pass additional information to PIAs (reg 16). Courts decide whether particular SMS‑blocking acts are \"reasonably necessary\" having regard to reg 10A factors.\n- Behaviour changes: agencies must supply proposed requests/applications to PIAs before making journalist‑information warrant requests (regs 11–13); carriers may deploy SMS filtering/detection systems; PIAs will factor privacy/confidentiality considerations into submissions, which may change the content or conditions of warrants.\n\n**Key sections to look at directly**: prescribed forms and types (reg 8; Schedule 1), stored communications warrant forms (reg 9; Form 6/6A), journalist information warrant (reg 10; Form 7), PIA process (regs 11–17), PIA appointment/remuneration/conflict rules (regs 18–25), malicious SMS criteria (reg 10A), Australia–US CLOUD Act Agreement designation (reg 26A), and transitional savings (reg 27)."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-and-access-regulations-2017","history":"/api/acts/telecommunications-interception-and-access-regulations-2017/history","analysis":"/api/acts/telecommunications-interception-and-access-regulations-2017/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-regulations-2017/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-regulations-2017/important-cases","documents":"/api/acts/telecommunications-interception-and-access-regulations-2017/documents"}}