Form 2A—Telecommunications service warraForm 2A—Telecommunications service warrant for Part 5.3 supervisory order

Form 2A—Telecommunications service warrant for Part 5.3 supervisory order

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT FOR PART 5.3 SUPERVISORY ORDER

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) *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 (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: *(i) achieving a Part 5.3 object; or *(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.

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.

(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: (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; (b) how much the information referred to in paragraph (2)(e) would be likely to assist in connection with: (i) achieving a Part 5.3 object; or (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; (c) to what extent methods for: (i) achieving a Part 5.3 object; or (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; that do not involve so intercepting communications have been used by, or are available to, the applicant agency; (d) how much the use of such methods would be likely to assist in connection with: (i) achieving a Part 5.3 object; or (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; (e) how much the use of such methods would be likely to prejudice: (i) achieving a Part 5.3 object; or (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; whether because of delay or for any other reason; (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; *(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: (i) has engaged, is engaging, or will engage, in a terrorist act; or (ii) has provided, is providing, or will provide, support for a terrorist act; or (iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or (iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or (v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; *(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; (gb) for each Part 5.3 supervisory order—the possibility that the person in relation to whom the order is in force: (i) has contravened, is contravening or will contravene the Part 5.3 supervisory order; or (ii) will contravene a succeeding Part 5.3 supervisory order; *(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; *(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. (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.