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Telecommunications Interception and Intelligence Services Legislation Amendment Bill 2011

Schedule 4 Stored communications warrants in relation to victims of serious contraventions

   

Telecommunications (Interception and Access) Act 1979

1  Paragraph 116(1)(d)

After “involved”, insert “(including as a victim of the serious contravention)”.

2  After paragraph 116(1)(d)

Insert:

                   (da)  if the stored communications warrant is applied for in relation to a person who is the victim of the serious contravention—the person is unable to consent, or it is impracticable for the person to consent, to those stored communications being accessed; and

3  Paragraph 116(1)(e)

Before “having”, insert “in any case—”.

4  Application of this Schedule

The amendments made by this Schedule apply to applications for stored communications warrants made after this Schedule commences, whether:

                     (a)  the conduct constituting the serious contraventions concerned is engaged in before or after this Schedule commences; and

                     (b)  the information to be accessed by the warrants is first held on equipment before or after this Schedule commences.