Commonwealth Numbered Regulations

1987 No. 329 TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS - SCHEDULE 5

SCHEDULE 5
Subregulation 3 (5)
COMMONWEALTH OF AUSTRALIA
Telecommunications (Interception) Act 1979 WARRANT UNDER REGON 48 FOR ENTRY ON
PREMISES AND INTERCEPTION OF
COMMUNICATIONS TO: Members of the Australian Federal Police in relation to
whom an approval under subsection 55 (2) of the
Telecommunications (Interception) Act 1979 is in force. WHEREAS:

   (a)  (full name and rank, if any, of person) has applied on behalf of
(specify agency)  to me,        , an eligible Judge, for a warrant in respect
of the following telecommunications service, namely (give description and
location of service);

   (b)  that application includes a request that the warrant authorise entry
        on specified premises, namely (give description and location of
        premises);
%(c) I am satisfied that an affidavit accompanying the application:

        (i)    states why it is considered necessary for the warrant to
               authorise entry on those premises;

        (ii)   sets out the number of previous applications (if any) for
               warrants that the agency that applied for this warrant has made
               and that requested authorisation of entry on those premises;
               and

        (iii)  sets out the number of warrants (if any) previously issued on
               such application;

   (d)  I am satisfied, on the basis of the information given to me under Part
        VI of the Telecommunications (Interception) Act 1979 in connection
        with the application, that:

        (i)    Division 3 of that Part has been complied with in relation to
               the application;
%(ii) because of urgent circumstances, it was necessary to make the
application by telephone;

        (iii)  there are reasonable grounds for suspecting that a particular
               person, namely (full name of person and, if known, the address
               and occupation of that person) is using or is likely to use,
               the service; and
%(iv) (A) 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 agency that applied for
this warrant of the following class 1 * offence/

* offences/ in which the person is involved, namely (set out short particulars
of the class 1 * offence/ * offences/); and

                (B)  having regard to:
% the extent to which methods of investigating the * offence/ * offences/ that
do not involve so intercepting communications have been used by, or are
available to, that agency;
% how much of the information referred to in sub-subparagraph (A) would be
likely to be obtained by such methods; and
% how much the use of such methods would be likely to prejudice the
investigation by that agency of the * offence/ * offences/, whether because of
a delay in obtaining some or all of that information or for any other reason;
some or all of that information cannot appropriately be obtained by such
methods; and
%(v) (A) 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 agency that applied for this
warrant of the following class 2 * offence/ * offences/ in which the person is
involved, namely (set out short particulars of the class 2 * offence/ *
offences/); and

                (B)  having regard to:
% 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
that service;
% the gravity of the conduct constituting the offence or offence being
investigated;
% how much the information referred to in sub-subparagraph (A) would be likely
to assist in connection with the investigation by that agency of the

* offence/ * offences/;
% to what extent methods of investigating the * offence/* offences/ that do
not involve so intercepting communications have been used by, or are available
to, that agency;
% how much the use of such methods would be likely to assist in connection
with the investigation by that agency of the * offence/ * offences/; and
% how much the use of such methods would be likely to prejudice the
investigation by that agency of the * offence/ * offences/, whether because of
delay or for any other reason;
and to no other matters;
I should issue a warrant authorising such communications to be intercepted;
and

   (e)  I am satisfied, on the basis of the information given to me under Part
        VI of the Telecommunications (Interception) Act 1979 that:

        (i)    for technical reasons connected with the operation of the
               service or of a telecommunications system of which the service
               forms a part; or

        (ii)   because execution of the warrant as a result of action taken by
               officers of the Australian Telecommunications Commission might
               jeopardise the security of the investigation, by the agency
               that applied for this warrant, of a serious offence in which a
               person to whom the application relates is involved;
it would be impracticable or inappropriate to intercept communications in
respect of the service otherwise than by using equipment installed on those
premises: NOW THEREFORE I, pursuant to section 48 of the Telecommunications 
(Interception) Act 1979 , hereby authorise

   (a)  entry on the following premises, namely (description of premises)
        during the hours of (or at any time of the day or night), for the
        purposes of installing, maintaining, using or recovering any equipment
        used to intercept such communications

* without permission first being sought or demand first being made

* and I hereby authorise the following measures that I am satisfied are
necessary and reasonable for that purpose (here specify measures authorised to
be taken); and

   (b)  interceptions of such communications by the use of that equipment

* subject to the following conditions or restrictions (here insert any
conditions or restrictions specified in relation to interceptions under this
warrant); by members of the Australian Federal Police in relation to whom an
approval under subsection 55 (2) of that Act is in force; AND this warrant
shall be in force for the period of (specify a period of up to 90 days).
  Dated    19  .
Judge * Omit word or words if inapplicable % Omit paragraph if inapplicable