Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 180L

Issuing a journalist information warrant

             (1)  After considering a request under section 180J, the Attorney-General must:

                     (a)  issue a journalist information warrant that authorises the making of authorisations under Division 3 in relation to the particular person to which the request relates; or

                     (b)  refuse to issue a journalist information warrant.

             (2)  The Attorney-General must not issue a journalist information warrant unless the Attorney-General is satisfied that:

                     (a)  the Organisation's functions would extend to the making of authorisations under Division 3 in relation to the particular person; and

                     (b)  the public interest in issuing the warrant outweighs the public interest in protecting the confidentiality of the identity of the source in connection with whom authorisations would be made under the authority of the warrant, having regard to:

                              (i)  the extent to which the privacy of any person or persons would be likely to be interfered with by the disclosure of information or documents under authorisations that are likely to be made under the authority of the warrant; and

                             (ii)  the gravity of the matter in relation to which the warrant is sought; and

                            (iii)  the extent to which that information or those documents would be likely to assist in the performance of the Organisation's functions; and

                            (iv)  whether reasonable attempts have been made to obtain the information or documents by other means; and

                             (v)  any submissions made by a Public Interest Advocate under section 180X; and

                            (vi)  any other matters the Attorney-General considers relevant.

             (3)  A journalist information warrant issued under this section may specify conditions or restrictions relating to making authorisations under the authority of the warrant.



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