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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 45

Application by interception agency of Queensland

Scope

  (1)   This section applies if an interception agency of Queensland applies, under section   39, to an eligible Judge or nominated ART member for a warrant in respect of a telecommunications service or a person.

PIM may make submissions

  (2)   A Queensland PIM may, orally or in writing, make submissions to the Judge or nominated ART member about the following matters:

  (a)   in relation to an application for a warrant in respect of a telecommunications service--the matters mentioned in paragraphs 46(2)(a) to (f), 46(5)(a) to (gb), 46(8)(a) to (e), 46(10)(a) to (h) or 46(13)(a) to (e), as the case requires;

  (b)   in relation to an application for a warrant in respect of a person--the matters mentioned in paragraphs 46A(2)(a) to (f), 46A(2B)(a) to (gb), 46A(2D)(a) to (e), 46A(2F)(a) to (h) or 46A(2H)(a) to (e), as the case requires.

PIM may question certain persons

  (3)   The Queensland PIM may, for the purpose of making submissions under subsection   (2), question:

  (a)   the person making the application for the warrant on the interception agency's behalf; or

  (b)   a person who, under section   44, is required by the Judge or nominated ART member to give further information to the Judge or nominated ART member in connection with the application.

However, the Queensland PIM may only do so in the presence of the eligible Judge or nominated ART member.

  (4)   A Queensland PIM may delegate to a Queensland deputy PIM the Queensland PIM's power under subsection   (2) or (3), or both. The delegation must be in writing.

  (5)   In exercising powers under the delegation, the Queensland deputy PIM must comply with any directions of the Queensland PIM.



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