Commonwealth Consolidated Regulations

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) REGULATIONS 2017 - REG 16

Further information relating to a request by the Director - General of Security

  (1)   If, under section   180K of the Act, the Attorney - General requires the Director - General of Security to give to the Attorney - General further information in connection with a request made by the Director - General of Security, the Attorney - General may require that:

  (a)   in the case of further information given in writing--the further information, or a copy of it, be given to a Public Interest Advocate; and

  (b)   in the case of further information given orally--both:

  (i)   the further information, or a summary of it, be given to a Public Interest Advocate; and

  (ii)   the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Attorney - General or another form.

  (2)   In deciding whether to act under subsection   (1), the Attorney - General may have regard to the following matters:

  (a)   the extent to which further information would be likely to be relevant to a Public Interest Advocate's preparation of a new submission, or the updating of his or her submission, relating to the request;

  (b)   the gravity of the matter in relation to which the request relates;

  (c)   the urgency of the circumstances in which the request is being made;

  (d)   any other matter that the Attorney - General considers relevant.

Further information relating to an application by an enforcement agency

  (3)   If, under section   180R of the Act, a Part   4 - 1 issuing authority requires a person to give to the Part   4 - 1 issuing authority further information in connection with an application by an enforcement agency, the Part   4 - 1 issuing authority may require that:

  (a)   in the case of further information given in writing--the further information, or a copy of it, be given to a Public Interest Advocate; and

  (b)   in the case of further information given orally--both:

  (i)   the further information, or a summary of it, be given to a Public Interest Advocate; and

  (ii)   the further information or summary be given to the Public Interest Advocate in a particular form, which may be the same form as that in which the further information was given to the Part   4 - 1 issuing authority or another form.

  (4)   In deciding whether to act under subsection   (3), a Part   4 - 1 issuing authority may have regard to the following matters:

  (a)   the extent to which further information would be likely to be relevant to a Public Interest Advocate's preparation of a new submission, or the updating of his or her submission, relating to the application;

  (b)   the gravity of the matter in relation to which the application relates;

  (c)   the urgency of the circumstances in which the application is being made;

  (d)   any other matter that the Part   4 - 1 issuing authority considers relevant.