Commonwealth Consolidated Acts Commonwealth Consolidated ActsSpecial Register of Warrants
(1) The Secretary of the Department is to cause a Special Register of Warrants to be kept.
Contents of Register
(2) The Secretary of the Department is to cause to be recorded in the Special Register the following particulars in relation to each registrable expired warrant:
(a) the date of issue of the warrant;
(b) the Judge or nominated ART member who issued the warrant;
(c) the agency to which the warrant was issued;
(d) in the case of a telecommunications service warrant:
(i) the telecommunications service to which the warrant related; and
(ii) the name of the person specified in the warrant as a person using or likely to use the telecommunications service; and
(e) in the case of a named person warrant:
(i) the name of the person to whom the warrant related; and
(ii) each telecommunications service that is specified in the warrant, or in relation to which interceptions authorised by the warrant have occurred; and
(f) the period for which the warrant was in force;
(g) in the case of a warrant issued under subsection 46(1) or 46A(1), or issued under section 48 in the circumstances mentioned in subsection 46(1)--each serious offence in relation to which the Judge or nominated ART member who issued the warrant was satisfied, on the application for the warrant, as mentioned in:
(i) in the case of a warrant under section 48--paragraph 46(1)(d); or
(ii) otherwise--paragraph 46(1)(d) or 46A(1)(d), as the case requires;
(h) in the case of a Part 5.3 warrant--the name of the person to whom the relevant Part 5.3 supervisory order or application relates;
(i) in the case of a Part 9.10 warrant--the name of the person to whom the relevant community safety supervision order or application relates.
Note: Registrable expired warrant is defined by subsections (3) and (4).
Registrable expired warrant--original warrant renewed
(3) For the purposes of this section, if:
(a) a Part 2 - 5 warrant has been issued; and
(b) the warrant was an original warrant; and
(c) there were one or more renewals of the warrant; and
(d) at the end of the period of 3 months after the time (the cessation time ) when the last renewal of the warrant ceased to be in force, no criminal proceedings had been instituted, or were likely to be instituted, against a person on the basis of information obtained as a result of intercepting a communication under:
(i) the warrant; or
(ii) a renewal of the warrant; and
(e) the cessation time is after the commencement of this section;
the warrant, and each renewal of the warrant, becomes a registrable expired warrant at the end of that period.
Registrable expired warrant--original warrant not renewed
(4) For the purposes of this section, if:
(a) a Part 2 - 5 warrant has been issued; and
(b) the warrant was an original warrant; and
(c) no renewal of the warrant was issued; and
(d) at the end of the period of 3 months after the time (the cessation time ) when the warrant ceased to be in force, no criminal proceedings had been instituted, or were likely to be instituted, against a person on the basis of information obtained as a result of intercepting a communication under the warrant; and
(e) the cessation time is after the commencement of this section;
the warrant becomes a registrable expired warrant at the end of that period.
Interpretation--criminal proceedings supported by intercepted information
(5) A reference in this section to criminal proceedings that had been, or were likely to be, instituted on the basis of information obtained as a result of intercepting a communication under a warrant includes a reference to criminal proceedings that were, or were likely to be, supported by information obtained as a result of intercepting a communication under a warrant.