Form 2—Telecommunications service warranForm 2—Telecommunications service warrant—B‑party

Form 2—Telecommunications service warrant—B‑party

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT—B‑PARTY

1 Authorisation

(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. (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; *(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; *(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. (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.