Form 4—Named person warrant—telecommunicForm 4—Named person warrant—telecommunications devices

Form 4—Named person warrant—telecommunications devices

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

NAMED PERSON WARRANT — TELECOMMUNICATIONS DEVICES

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 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; *(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: *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.