Form 2C—Telecommunications service warraForm 2C—Telecommunications service warrant for post‑sentence order application

Form 2C—Telecommunications service warrant for post‑sentence order application

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT FOR POST‑SENTENCE ORDER APPLICATION

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 a particular person is using, or is likely to use, the service; and (d) the person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and (e) the person is detained in custody; and (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 (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 (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. (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)(h) would be likely to assist in determining whether to apply for the post‑sentence order; (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); (d) how much the use of such methods would be likely to assist in determining whether to apply for the post‑sentence order; (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; *(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; *(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. (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].