Telecommunications (Interception and Access) Regulations 2017
Form 5—Warrant for entry on premises andForm 5—Warrant for entry on premises and interception of communications
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Form 5—Warrant for entry on premises and interception of communications
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
WARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS
| Premises | [description and location of premises, including business name, operating name, other known names and other known identifying information] |
|---|---|
| Telecommunications service | [number assigned to the service; any other known unique identifying factors] |
| Particular person | [full known name, other known names, other known identifying information (e.g. date of birth)] |
| Applicant agency | [name] |
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 48 of the Act, authorise: (a) entry on the premises mentioned above in order to install, maintain, use or recover equipment or a line used in the interception of communications being made to or from the telecommunications service mentioned above; and (b) interceptions of such communications by the use of that equipment or line. (2) This warrant authorises: (a) entry on the premises: (i) *at any time of the day or night/*during the hours of [specify hours during which entry on the premises is authorised], for the purposes mentioned in paragraph (1)(a); and *(ii) without permission first being sought or demand first being made; and *(b) the following measures, that I am satisfied are necessary and reasonable for those purposes: [specify measures authorised to be taken]. (3) I am satisfied: (a) that subsection 48(2) of the Act has been complied with in relation to the application for this warrant; and (b) on the basis of the information given to me by the applicant agency, that: (i) subsection 46(1) of the Act would empower me to issue a warrant if the application had been made under section 46 of the Act; and (ii) Division 3 of Part 2‑5 of the Act has been complied with in relation to this application; and *(iia) because of urgent circumstances, it was necessary to make the application by telephone; and (iib) 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 (iii) 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 *the particular person mentioned above is involved: *another person is involved, with whom the particular person mentioned above is likely to communicate using the service: [short particulars of the serious offence or serious offences]; and (c) on the basis of the information given to me by the applicant agency, that it would be impracticable or inappropriate to intercept communications under a warrant in respect of the service otherwise than by the use of equipment or a line installed on those premises: *for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part. *because, if the warrant were issued under section 46, communications to or from the telecommunications service would be intercepted while passing over a telecommunications system and execution of the warrant as a result of action taken by employees of that carrier might jeopardise the security of the investigation, by the applicant agency, of a serious offence in which a person to whom the application relates is involved.