Commonwealth Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 94A

  (1)   The chief officer of an agency referred to in subsection   7(8) must give to the Minister a written report concerning:

  (a)   an emergency interception action taken by an officer of the agency that, because of the operation of subsection   7(6A), took place without a warrant under Part   2 - 5; and

  (b)   an emergency interception action taken by an officer of the agency in respect of which an application for a warrant was made under Part   2 - 5 and refused.

  (2)   The chief officer of the agency must give the report within 3 months after:

  (a)   in the case set out in paragraph   (1)(a)--the date on which the action ceased; and

  (b)   in the case set out in paragraph   (1)(b)--the date on which the application was refused.

  (3)   The report must contain the following information:

  (a)   if an interception occurred:

  (i)   the date and time at which the interception began; and

  (ii)   the duration of the interception;

  (b)   if there was no interception but action had been taken to cause a communication to be intercepted--details of the action taken;

  (c)   the circumstances that led the officer concerned to believe that the conditions of subsection   7(4) or (5) were satisfied;

  (d)   in the case set out in paragraph   (1)(a)--the reasons it was not practicable to apply for a warrant under Part   2 - 5 in relation to the action;

  (e)   in the case set out in paragraph   (1)(b)--the reasons the judge or nominated ART member refused the application if the reasons are known;

  (f)   information about the use made by the agency of information obtained by the interception;

  (g)   information about the communication of such information to persons other than officers of the agency;

  (h)   the number of arrests that have been, or are likely to be, made on the basis of such information;

  (i)   an assessment of the usefulness of information obtained by the interception.

  (4)   In this section:

"emergency interception action" means an interception done under subsection   7(4) or (5) or action taken under one of those subsections to cause an interception to occur.