When can a TI be applied for?
- Offence must carry 7 or more years imprisonmen
- Must have reasonable belief the person named is using the service
- Must have reasonable belief the person named was involved in the offence
- Information contained is likely to assist investigators
What are the types of TI warrants?
S.46 - Standard Intercept Warrant (A Party)
Roll over warrant (for continued interception)
S.46A - Named Person Warrant. (Person using multiple warrant
IMEI Warrant (Same handset)
S.46 - B Party Warrant - Agency has exhausted all other means to obtain phone number ( using b party to obtain a party’s number)
S.116 - Stored communications warrant
Serious Contraventions - 3 or more years imprisonment
Remains in force for 5 days from issue until executed
Another warrant cant be obtained within three days of original warrant
What must a Member consider before granting TI
Section 46(2) a-f
Section 46(2) a-f
- How much the Privacy of the target and others are interfered with
- Gravity of the conduct of the offence
- How much the interception will help the investigation
- Traditional means of investigation have been exhausted
- how much the use of such methods would be likely to prejudice the investigation
- Use of service and recent usage
Difference between pressing and urgent TI applications
Pressing - Want it ASAP (Sworn affadavit will be faxed to member)
Urgent - No time to make affadavit Section 51 TIA ACT - applicant must supply sworn affidavit within one day to the issuing member
When can it use TI material - Section 5B Telecommmunications (Interception and Access) Act 1979
- Prosecution
- Confiscation of Forfeiture of property
- Extradition
- Coroners inquest
- Bail application
- Review of a decision to refuse a bail application
- Review of a decision to grant such a bail application
Lawful interceptions is established by
- Section 61A, Tender of certified copies of warrants, and
- Section 61, Evidentiary certificates
Disclosure of TI material?
- May lawfully disclose TI material when offence disclosed is a prescribed offence
- Prescribed offence - Must carry 3 or more years imprisonment
- A record must be made of the disclosure
Where does the Surveillance Device Warrant Authorise use of SD (Section 21)
ce Device Warrant Authorise use of SD (Section 21)
- On or in specified premises or vehicle - On or in specified object or class of object - In respect of the conversations, activities or geographical location of a specified person or person whose identity is unknown. - On or about the body of a specified person
What are the four types of Surveillance Devices?
- Optical surveillance device
- Tracking device
- Listening device
- Data surveillance device
What are the three ways to make an application
SD
- Standard
- Urgent / Immediate (sworn affidavit must be submitted within 72 hours)
- Emergency (Application/affadavit must be submitted within 2 working days
What are the execeptions to the SD Act pursuant to Section 7(2)
- A warrant of emergency authorisation
- TI
- The unintentional hearing of a private conversation
- ERISP refusal
- Locating and retrieving a SD device
- Taser
- Police Body worn camera
What are the powers conferred by SD Warrant 21(3)?
- Installation, use, maintenance and retrieval
- Forcible entry
- Use assumed ID (Telstra)
- Tampering with the security system
- The temporary removal of an object and its return
- Breaking open of anything
- Use of electricity
- Connection and use of telecommunications system
Section 31 - Emergency Authorisations SD
Available when police need to deploy - imminent threat of serious violence, or - Subtstantial damage to property, or - Serious narcaotics offence AND USE OF SD IS IMMEDIATELY NECESSARY
CONTACT DOI WHO WILL CONTACT STIB
Section 19(2)( Considerations by an eligible judge or magistrate SD ACT
PEAPN
- Nature of the relevant offence
- Privacy considerations
- Alternative means or obtaining the evidence or information
- Evidentiary value
- Probative value
Section 24 - Discontinuance
- Must discontinue / revoke warrant if it is not longer necessary.
- Section 44 Effectiveness report must be submitted within 21 days
Section 25 - Retrieval Warrant SD
If an SD remains on premises or within a vehicle for more than 10 days after warrants expire,
What is the duration of a Surveillance Device Warrant?
Section 20(1)B IX) Warrant is in force for a period not exceeding 90 days.
An extension can be granted under Section 22.
Who can authorise
Authorised Justice of AAT Member
What is a stored communication?
A stored communication is a communication that is stored on equipment or any other thing and includes emails, mobile/landline, SMS/MMS and voice mail services.
S119 of Telephone (Interception and Access) Act 1979 provides the duration of ‘Stored Communications Warrants. What is this duration?
Remain in force;
- Until it is first executed
- Until the end of the period of five days after the day on which it was issued.
