Schedule 1—Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts
(regulation 2A)
Item
Act
1
Proceeds of Crime Act 2002
2
Confiscation of Proceeds of Crime Act 1989 (NSW)
3
Criminal Assets Recovery Act 1990 (NSW)
4
Confiscation Act 1997 (Vic)
5
Criminal Proceeds Confiscation Act 2002 (Qld)
6
Criminal Property Confiscation Act 2000 (WA)
7
Criminal Assets Confiscation Act 1996 (SA)
8
Criminal Assets Confiscation Act 2005 (SA)
9
Crime (Confiscation of Profits) Act 1993 (Tas)
10
Confiscation of Criminal Assets Act 2003 (ACT)
11
Criminal Property Forfeiture Act 2002 (NT)
Schedule 3—Forms
(regulations 3, 4 and 5)
Form 1—Telecommunications service warrant
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
TELECOMMUNICATIONS SERVICE WARRANT
Telecommunications service
[unique number assigned to the service; any other known unique identifying factors]
Particular *person/*persons
[full known *name/*names, other known names, other known identifying information (eg date of birth)]
Applicant agency
[name]
1 Authorisation
(1) I, [name], *an eligible Judge/*a nominated AAT member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.
(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the particular *person/*persons mentioned above *is/*are using, or *is/*are likely to use, the service; and
(d) information that would be likely to be obtained by intercepting, under a warrant, communications made to or from the service would be likely to assist in connection with the investigation by the applicant agency of the following *serious offence/*serious offences, in which the *particular person is/*particular persons are involved:
[short particulars of the serious offence or serious offences]; and
(e) the warrant should be issued having regard to the following matters only:
(i) how much the privacy of any person or persons would be likely to be interfered with by intercepting, under a warrant, communications made to or from the service;
(ii) the gravity of the conduct constituting the *offence/*offences being investigated;
(iii) how much the information mentioned in paragraph (d) would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(iv) to what extent methods of investigating the *offence/*offences that do not involve so intercepting communications have been used by, or are available to, the applicant agency;
(v) how much the use of such methods would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(vi) how much the use of such methods would be likely to prejudice the investigation by the applicant agency of the *offence/*offences, whether because of delay or for any other reason.
2 Persons who may exercise this authority
Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
3 Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [a date that is not more than 90 days away].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[details of conditions].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[details of restrictions].
Dated
…………………………………..
*Judge/*nominated AAT member
* Omit if not applicable
Form 2—Telecommunications service warrant—B‑party
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
TELECOMMUNICATIONS SERVICE WARRANT—B‑PARTY
Telecommunications service
[unique number assigned to the service; any other known unique identifying factors]
Particular *person/*persons
[full known *name/*names, other known names, other known identifying information (eg date of birth)]
Applicant agency
[name]
1 Authorisation
(1) I, [name], *an eligible Judge/*a nominated AAT member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.
(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the particular *person/*persons mentioned above *is/*are using, or *is/*are likely to use, the service; and
(d) information that would be likely to be obtained by intercepting, under a warrant, communications made to or from the service would be likely to assist in connection with the investigation by the applicant agency of the following *serious offence/*serious offences, in which *another person is/*other persons are involved, with whom the *particular person is/*particular persons are likely to communicate using the service:
[short particulars of the serious offence or serious offences]; and
(e) the warrant should be issued having regard to the following matters only:
(i) how much the privacy of any person or persons would be likely to be interfered with by intercepting, under a warrant, communications made to or from the service;
(ii) the gravity of the conduct constituting the *offence/*offences being investigated;
(iii) how much the information mentioned in paragraph (d) would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(iv) to what extent methods of investigating the *offence/*offences that do not involve so intercepting communications have been used by, or are available to, the applicant agency;
(v) how much the use of such methods would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(vi) how much the use of such methods would be likely to prejudice the investigation by the applicant agency of the *offence/*offences, whether because of delay or for any other reason.
(3) I am satisfied that:
*the applicant agency has exhausted all other practicable methods of identifying the services used, or likely to be used, by the *person/*persons involved in the *serious offence/*serious offences being investigated.
*interception of communications made to or from a service used or likely to be used by the particular *person/*persons involved in the *serious offence/*serious offences being investigated would not otherwise be possible.
2 Persons who may exercise this authority
Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55(3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
3 Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [a date that is not more than 45 days away].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[details of conditions].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[details of restrictions].
Dated
…………………………………..
*Judge/*nominated AAT member
* Omit if not applicable
Form 3—Named person warrant—telecommunications services
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
NAMED PERSON WARRANT — TELECOMMUNICATIONS SERVICES
Particular person(named person)
[full known name, other known names, other known identifying information (eg date of birth)]
Applicant agency
[name]
1 Authorisation
(1) I, [name], *an eligible Judge/*a nominated AAT member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 46A of the Act, authorise interceptions of communications made to or from any telecommunications service that the named person mentioned above is using, or is likely to use.
(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than 1 telecommunications service; and
(d) information that would be likely to be obtained by intercepting, under a warrant, communications made to or from any telecommunications service that the named person is using, or is likely to use, would be likely to assist in connection with the investigation by the agency of the following \*serious offence/ \*serious offences, in which the named person is involved:
\[short particulars of the serious offence or serious offences\]; and
(e) the warrant should be issued having regard to the following matters only:
(i) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant, communications made to or from any telecommunications service used, or likely to be used, by the named person;
(ii) the gravity of the conduct constituting the *offence/*offences being investigated;
(iii) how much the information mentioned in paragraph (d) would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(iv) to what extent methods (including the use of a warrant issued under section 46 of the Act) of investigating the *offence/ *offences that do not involve the use of a warrant issued under section 46A of the Act in relation to the named person have been used by, or are available to, the applicant agency;
(v) how much the use of such methods would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(vi) how much the use of such methods would be likely to prejudice the investigation by the applicant agency of the *offence/*offences, whether because of delay or for any other reason.
2 Persons who may exercise this authority
Under subsection 55 (1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55 (3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
3 Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [a date that is not more than 90 days away].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[details of conditions].
*5 Restrictions
*General
Interceptions under this warrant are subject to the following restrictions:
[details of restrictions].
*Excluded telecommunications services
This warrant does not authorise the interception of communications made to or from the following telecommunications services:
[details and location of service(s)].
Dated
…………………………………..
*Judge/*nominated AAT member
* Omit if not applicable
Form 4—Named person warrant—telecommunications devices
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
NAMED PERSON WARRANT — TELECOMMUNICATIONS DEVICES
Particular person(named person)
[full known name, other known names, other known identifying information (eg date of birth)]
Particular telecommunications *device/*devices
[For each telecommunication device, the unique number assigned to the device (if known) and other known unique identifying factors]
Applicant agency
[name]
1 Authorisation
(1) I, [name], *an eligible Judge/*a nominated AAT member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 46A of the Act, authorise interceptions of communications made by means of the particular telecommunications *device/*devices that the named person mentioned above is using, or is likely to use.
(2) I am satisfied, on the basis of the information given to me by the applicant agency, that:
(a) Division 3 of Part 2‑5 of the Act has been complied with in relation to the application for this warrant; and
\*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than 1 telecommunications service; and
(d) information that would be likely to be obtained by intercepting, under a warrant, communications made by means of the particular telecommunications \*device/\*devices that the named person is using, or is likely to use, would be likely to assist in connection with the investigation by the agency of the following \*serious offence/\*serious offences, in which the named person is involved:
\[short particulars of the serious offence or serious offences\]; and
(e) the warrant should be issued having regard to the following matters only:
(i) how much the privacy of any person or persons would
be likely to be interfered with by intercepting under a
warrant, communications made by means of the particular telecommunications *device/*devices used, or likely to be used, by the named person;
(ii) the gravity of the conduct constituting the *offence/*offences being investigated;
(iii) how much the information mentioned in paragraph (d) would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(iv) to what extent methods (including the use of a warrant issued under section 46 of the Act) of investigating the *offence/*offences that do not involve the use of a warrant issued under section 46A of the Act in relation to the named person have been used by, or are available to, the applicant agency;
(v) how much the use of such methods would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences;
(vi) how much the use of such methods would be likely to prejudice the investigation by the applicant agency of the *offence/*offences, whether because of delay or for any other reason.
(3) I am satisfied that:
*there are no other practicable methods available to the applicant agency at the time of making the application to identify the telecommunications services used, or likely to be used, by the named person.
*interception of communications made to or from a telecommunications service used or likely to be used by the named person would not otherwise be practicable.
2 Persons who may exercise this authority
Under subsection 55 (1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55 (3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
3 Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [a date that is not more than 90 days away].
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[details of conditions].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[details of restrictions].
Dated
…………………………………..
*Judge/*nominated AAT member
* Omit if not applicable
Form 5—Warrant for entry on premises and interception of communications
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
WARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS
Premises
[description and location of premises, including business name, operating name, other known names and other known identifying information]
Telecommunications service
[number assigned to the service; any other known unique identifying factors]
Particular person
[full known name, other known names, other known identifying information (eg date of birth)]
Applicant agency
[name]
1 Authorisation
(1) I, [name], *an eligible Judge/*a nominated AAT member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 48 of the Act, authorise:
(a) entry on the premises mentioned above in order to install, maintain, use or recover equipment or a line used in the interception of communications being made to or from the telecommunications service mentioned above; and
(b) interceptions of such communications by the use of that equipment or line.
(2) This warrant authorises:
(a) entry on the premises:
(i) *at any time of the day or night/*during the hours of [specify hours during which entry on the premises is authorised], for the purposes mentioned in paragraph (1) (a); and
*(ii) without permission first being sought or demand first being made; and
\*(b) the following measures, that I am satisfied are necessary and reasonable for those purposes:
\[specify measures authorised to be taken\].
(3) I am satisfied:
(a) that subsection 48 (2) of the Act has been complied with in relation to the application for this warrant; and
(b) on the basis of the information given to me by the applicant agency, that:
(i) section 46 of the Act would empower me to issue a warrant if the application had been made under that section; and
(ii) Division 3 of Part 2‑5 of the Act has been complied with in relation to this application; and
(iii) information that would be likely to be obtained by intercepting, under a warrant, communications made to or from the service, would be likely to assist in connection with the investigation by the applicant agency of the following *serious offence/*serious offences, in which
*the particular person mentioned above is involved:
*another person is involved, with whom the particular person mentioned above is likely to communicate using the service:
[short particulars of the serious offence or serious offences]; and
(c) on the basis of the information given to me by the applicant agency, that it would be impracticable or inappropriate to intercept communications under a warrant in respect of the service otherwise than by the use of equipment or a line installed on those premises:
\*for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.
\*because, if the warrant were issued under section 46, communications to or from the telecommunications service would be intercepted while passing over a telecommunications system and execution of the warrant as a result of action taken by employees of that carrier might jeopardise the security of the investigation, by the applicant agency, of a serious offence in which a person to whom the application relates is involved.
2 Persons who may exercise this authority
Under subsection 55 (1) of the Act, the authority conferred by this warrant applies to an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55 (3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.
3 Period for which warrant is in force
(1) Under section 54 of the Act, this warrant comes into force when it is issued.
(2) This warrant is in force until [specify date].
[specify a date that is:
(a) if subparagraph 46 (1) (d) (ii) of the Act would apply if the application had been made under section 46 of the Act — not more than 45 days away; or
(b) otherwise — not more than 90 days away]
*4 Conditions
Interceptions under this warrant are subject to the following conditions:
[details of conditions].
*5 Restrictions
Interceptions under this warrant are subject to the following restrictions:
[details of restrictions].
Dated
…………………………………..
*Judge/*nominated AAT member
* Omit if not applicable
Form 6—Stored communications warrant
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
STORED COMMUNICATIONS WARRANT
Person in respect of whom warrant is issued
[full known name, other known names, other known identifying information (eg date of birth)]
Applicant criminal law‑enforcement agency
[name]
Person making application on behalf of applicant criminal law‑enforcement agency
[full name]
Note: See subsections 119(4) and (5) of the Act in relation to issuing a further warrant in respect of a person in respect of whom a previous warrant was issued.
1 Authorisation
(1) I, [name], an issuing authority within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 116 of the Act, authorise the accessing of any stored communication:
(a) that was made by the person mentioned above, or that another person has made and for which the intended recipient is the person mentioned above; and
(b) that becomes, or became, a stored communication before the warrant is first executed in relation to the carrier that holds the communication.
(2) I am satisfied, on the basis of the information given to me by the applicant criminal law‑enforcement agency, that:
(a) Division 1 of Part 3‑3 of the Act has been complied with in relation to the application for this warrant; and
*(b) because of urgent circumstances, it was necessary to make the application by telephone; and
(c) there are reasonable grounds for suspecting that *a particular carrier holds/*particular carriers hold stored communications:
(i) that the person mentioned above has made; or
(ii) that another person has made and for which the person mentioned above is the intended recipient; and
(d) information that would be likely to be obtained by accessing those stored communications under a stored communications warrant would be likely to assist in connection with the investigation by the applicant criminal law‑enforcement agency of the following *serious contravention/*serious contraventions, in which the person mentioned above is involved:
[short particulars of each serious contravention]; and
(e) the warrant should be issued having regard to the following matters only:
(i) how much the privacy of any person or persons would be likely to be interfered with by accessing those stored communications under a stored communications warrant;
(ii) the gravity of the conduct constituting each serious contravention being investigated;
(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;
(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;
(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;
(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.
2 Persons who may exercise this authority
Under section 127 of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant 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.
3 Duration of warrant
(1) Under section 125 of the Act, this warrant comes into force when it is issued.
*(2) Under subsection 119(1) of the Act, this warrant remains in force until the occurrence of the sooner of the following:
(a) the warrant is first executed;
(b) the end of the period of 5 days after the day on which it was issued.
[Complete the above subclause only if the warrant relates to 1 or more telecommunication services that are all operated by the same carrier]
*(2) Under subsection 119(2) of the Act, this warrant remains in force, to the extent that it relates to a telecommunications service operated by a particular carrier, until the occurrence of the sooner of the following:
(a) the warrant is first executed in relation to a telecommunications service operated by that particular carrier;
(b) the end of the period of 5 days after the day on which it was issued.
[Complete the above subclause only if the warrant relates to 2 or more telecommunications services that are not all operated by the same carrier]
*4 Conditions
The accessing of stored communications under this warrant is subject to the following conditions:
[details of conditions].
*5 Restrictions
The accessing of stored communications under this warrant is subject to the following restrictions:
[details of restrictions].
Dated
……………………..
Issuing Authority
* Omit if not applicable
Form 7—Journalist information warrant
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
JOURNALIST INFORMATION WARRANT
*Person/*persons in respect of whom warrant is issued
[full known name, other known names, other known identifying information (eg date of birth or Australian Business Number)]
Applicant enforcement agency
[name]
Person making application on behalf of applicant enforcement agency
[full name]
Note: 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.
1 Authorisation
(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.
(2) I am satisfied, on the basis of the information given to me by the applicant enforcement agency, that:
(a) this warrant is reasonably necessary for the following *purpose/*purposes:
*(i) [if the warrant authorises the making of authorisations under section 178 of the Act] for the enforcement of the criminal law;
*(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;
*(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;
*(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
(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.
*[short particulars of each other matter to which regard was had, as allowed by subparagraph 180T(2)(b)(vi) of the Act].
2 Persons who may exercise this authority
The authority conferred by this warrant may be exercised by an authorised officer of the applicant enforcement agency.
3 Duration of warrant
(1) Under section 180V of the Act, this warrant comes into force when it is issued.
(2) Under subsection 180U(3) of the Act, this warrant remains in force until [a date that is not more than 90 days away].
*4 Conditions
The making of an authorisation under this warrant is subject to the following conditions:
[details of conditions].
*5 Restrictions
The making of an authorisation under this warrant is subject to the following restrictions:
[details of restrictions].