Form 4C—Named person warrant for post‑seForm 4C—Named person warrant for post‑sentence order application—telecommunications services

Form 4C—Named person warrant for post‑sentence order application—telecommunications services

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

NAMED PERSON WARRANT FOR POST‑SENTENCE ORDER APPLICATION—TELECOMMUNICATIONS SERVICES

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 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 one telecommunications service; and (d) the named person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and (e) the named person is detained in custody; and (f) there are reasonable grounds to suspect that there is an appreciable risk of the named 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 named person; and (h) information that would be likely to be obtained by intercepting under a warrant: (i) communications made to or from any telecommunications service that the named person is using, or is likely to use; or (ii) communications made by means of a particular telecommunications device or particular telecommunications devices that the named person is using, or is likely to use; 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: (i) communications made to or from any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; or (ii) communications made by means of a particular telecommunications device or particular telecommunications devices used, or likely to be used, by the person in respect of whom the warrant is sought; (b) how much the information referred to in paragraph (2)(h) would be likely to assist in connection with determining whether to apply for the post‑sentence order; (c) to what extent methods (including the use of a warrant issued under section 46 of the Act) for determining whether to apply for a 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 reasons; *(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 would be made].

2 Persons who may exercise this authority

Under subsection 55(1) of the Act, the authority conferred by this warrant may be exercised by a person 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 ART member

* Omit if not applicable