Telecommunications (Interception and Access) Regulations 2017
Form 5B—Warrant for entry on premises anForm 5B—Warrant for entry on premises and interception of communications for post‑sentence order applications
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Form 5B—Warrant for entry on premises and interception of communications for post‑sentence order applications
Commonwealth of Australia
Telecommunications (Interception and Access) Act 1979
WARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS FOR POST‑SENTENCE ORDER APPLICATION
| 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(7) 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 *(iii) because of urgent circumstances, it was necessary to make the application by telephone; and (iv) 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 (v) 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 (c) on the basis of the information given to me by the applicant agency, that 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 a post‑sentence order; and (d) 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 of the Act, 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 achievement of the objective for which the warrant was issued.