Commonwealth Numbered Regulations

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) REGULATIONS 2017 (F2017L01701) - REG 15

Public Interest Advocate's attendance at hearing of oral application by an enforcement agency for a proposed journalist information warrant

             (1)  A Public Interest Advocate may attend the hearing of an oral application by an enforcement agency for a journalist information warrant in person, or by telephone or other means of voice communication.

             (2)  A Public Interest Advocate attending such a hearing may make submissions to the Part 4-1 issuing authority hearing the application in the presence of the relevant enforcement agency.

             (3)  Submissions made by the Public Interest Advocate must include the facts and considerations he or she considers:

                     (a)  are relevant to one or both of the following:

                              (i)  the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued);

                             (ii)  the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and

                     (b)  have not been satisfactorily addressed in the enforcement agency's application.

             (4)  Subsection (3) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submissions.

             (5)  If:

                     (a)  further information is given to a relevant Part 4-1 issuing authority in relation to an oral application; and

                     (b)  a Public Interest Advocate is also given the further information or a summary of it; and

                     (c)  the Public Interest Advocate has confirmed his or her availability to attend the hearing of the application;

the Public Interest Advocate must update the submission made, or make a new submission, to the Part 4-1 issuing authority taking into account the further information or summary.



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