Commonwealth Numbered Regulations

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) REGULATIONS 2017 (F2017L01701) - REG 16

Further information, or a copy or summary of information, to be given to Public Interest Advocate

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

             (1)  If, under section 180K of the Act, the Minister requires the Director-General of Security to give to the Minister further information in connection with a request made by the Director-General of Security, the Minister 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 Minister or another form.

             (2)  In deciding whether to act under subsection (1), the Minister 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 Minister 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.



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