TI

Question 1

When can a TI be applied for?

Answer 1

• 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

Question 2

What are the types of TI warrants?

Answer 2

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

Question 3

What must a Member consider before granting TI

Section 46(2) a-f

Answer 3

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

Question 4

Difference between pressing and urgent TI applications

Answer 4

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

Question 5

When can it use TI material - Section 5B Telecommmunications (Interception and Access) Act 1979

Answer 5

• 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

Question 6

Lawful interceptions is established by

Answer 6

• Section 61A, Tender of certified copies of warrants, and

- Section 61, Evidentiary certificates

Question 7

Disclosure of TI material?

Answer 7

• 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

Question 8

Where does the Surveillance Device Warrant Authorise use of SD (Section 21)

Answer 8

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

Question 9

What are the four types of Surveillance Devices?

Answer 9

• Optical surveillance device
  
  • Tracking device
  • Listening device
  • Data surveillance device

Question 10

What are the three ways to make an application

SD

Answer 10

• Standard
  
  • Urgent / Immediate (sworn affidavit must be submitted within 72 hours)
• Emergency (Application/affadavit must be submitted within 2 working days

Question 11

What are the execeptions to the SD Act pursuant to Section 7(2)

Answer 11

• 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

Question 12

What are the powers conferred by SD Warrant 21(3)?

Answer 12

• 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

Question 13

Section 31 - Emergency Authorisations SD

Answer 13

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

Question 14

Section 19(2)( Considerations by an eligible judge or magistrate
SD ACT

PEAPN

Answer 14

• Nature of the relevant offence
• Privacy considerations
• Alternative means or obtaining the evidence or information
• Evidentiary value
• Probative value

Question 15

Section 24 - Discontinuance

Answer 15

• Must discontinue / revoke warrant if it is not longer necessary.
• Section 44 Effectiveness report must be submitted within 21 days

Question 16

Section 25 - Retrieval Warrant SD

Answer 16

If an SD remains on premises or within a vehicle for more than 10 days after warrants expire,

Question 17

What is the duration of a Surveillance Device Warrant?

Answer 17

Section 20(1)B
IX) Warrant is in force for a period not exceeding 90 days.

An extension can be granted under Section 22.

Question 18

Who can authorise

Answer 18

Authorised Justice of AAT Member

Question 19

What is a stored communication?

Answer 19

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.

Question 20

S119 of Telephone (Interception and Access) Act 1979 provides the duration of ‘Stored Communications Warrants. What is this duration?

Answer 20

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.