Schedule 1 Amendments

(regulation 3)

[1] Paragraph 27 (b)

omit

prescribed.

insert

prescribed; and

[2] After paragraph 27 (b)

insert

(c) in respect of a warrant authorising officials to use a listening device in relation to a particular item, Form 6 in that Schedule is prescribed.

[3] Schedule 1, Forms 4 and 5

substitute

Form 4 Listening device warrant in relation to a particular person (Act s 12G (2))

(paragraph 27 (a))

Commonwealth of Australia

Australian Federal Police Act 1979

WARRANT UNDER SUBSECTION 12G (2) IN RELATION TO A PARTICULAR PERSON

To:

Members of the Australian Federal Police who may, under subsection 12J (1) of the Australian Federal Police Act 1979, exercise the authority conferred by this warrant.

1. I, 1, [an eligible Judge/a nominated AAT member]* (within the meaning of section 12B of the Australian Federal Police Act 1979), having been satisfied by information on oath of the matters specified in paragraph 12G (2) (b) of that Act, authorise you as follows:

(a) to use a listening device for the purpose of listening to, or recording, words spoken by, to, or in the presence of,
2, anywhere in Australia;

[(b) [at any time of the day or night/between the hours of
3]* to enter[, without permission first being sought or demand first being made,]# any premises in which the person mentioned in paragraph 1 (a) of this warrant is, or is likely to be, for the purpose of installing, maintaining, testing, using or recovering the listening device or a part of the listening device;]#

[(c) to take the following measures to effect entry:

 4.]#

2. This warrant is issued on the basis of information given to me by 5,
a member of the Australian Federal Police, in respect of an application for the issue of a warrant under subsection 12G (2) of the Act authorising the use of a listening device within the meaning of Division 2 of Part II of that Act in relation to the person mentioned in paragraph 1 (a) of this warrant.

[3. This warrant is issued subject to the following conditions and restrictions:

 6.]#

4. This warrant takes effect from the time of its issue and remains in force until the end of 7.

Issued on 8 at 9.

…………………………………………..…………………

[Judge/nominated AAT member]*.

*	omit whichever is inapplicable
#	omit if inapplicable
1	insert full name of Judge or nominated AAT member
2	insert full name of person and, if known, his or her address and occupation
3	if applicable, insert times of day
4	if applicable, insert measures necessary to effect entry
5	insert full name and rank (if any) of applicant for warrant
6	if applicable, insert conditions/restrictions
7	insert a date within the period of 6 months that commences at the beginning of the day of issue of the warrant
8	insert date of issue
9	insert time of issue

Form 5 Listening device warrant in relation to particular premises (Act s 12G (4))

(paragraph 27 (b))

Commonwealth of Australia

Australian Federal Police Act 1979

WARRANT UNDER SUBSECTION 12G (4) IN RELATION TO PARTICULAR PREMISES

To:

Members of the Australian Federal Police who may, under subsection 12J (1) of the Australian Federal Police Act 1979, exercise the authority conferred by this warrant.

(a) to use a listening device for the purpose of listening to, or recording, words spoken by, or to, any person while the person is in 2;

[(b) [at any time of the day or night/between the hours of
3]* to enter those premises[, without permission first being sought or demand first being made,]# for the purpose of installing, maintaining, testing, using or recovering the listening device or a part of the listening device;]#

[(c) to take the following measures to effect entry:

 4.]#

2. This warrant is issued on the basis of information given to me by 5, a member of the Australian Federal Police, in respect of an application for the issue of a warrant under subsection 12G (4) of the Act authorising the use of a listening device within the meaning of Division 2 of Part II of that Act in relation to the premises mentioned in paragraph 1 (a) of this warrant.

[3. This warrant is issued subject to the following conditions and restrictions:

 6.]#

4. This warrant takes effect from the time of its issue and remains in force until the end of 7.

Issued on 8 at 9.

……………………………………………………………

[Judge/nominated AAT member]*.

*	omit whichever is inapplicable
#	omit if inapplicable
1	insert full name of Judge or nominated AAT member
2	insert identifying details of premises in Australia
3	if applicable, insert times of day
4	if applicable, insert measures necessary to effect entry
5	insert full name and rank (if any) of applicant for warrant
6	if applicable, insert conditions/restrictions
7	insert a date within the period of 6 months that commences at the beginning of the day of issue of the warrant
8	insert date of issue
9	insert time of issue

Form 6 Listening device warrant in relation to a particular item (Act s 12G (5A))

(paragraph 27 (c))

Commonwealth of Australia

Australian Federal Police Act 1979

WARRANT UNDER SUBSECTION 12G (5A) IN RELATION TO A PARTICULAR ITEM

To:

Members of the Australian Federal Police who may, under subsection 12J (1) of the Australian Federal Police Act 1979, exercise the authority conferred by this warrant.

(a) to use a listening device for the purpose of listening to, or recording, words spoken by, or to, any person while the person is in the vicinity of
2 (which may be located anywhere in Australia);

[(b) [at any time of the day or night/between the hours of
3]* to enter[, without permission first being sought or demand first being made,]# any premises in which that item is, or is likely to be, for the purpose of installing the listening device, or a part of the listening device, in or on that item, or for the purpose of maintaining, testing, using or recovering the listening device or a part of the listening device;]#

[(c) to take the following measures to effect entry:

 4.]#

2. This warrant is issued on the basis of information given to me by 5, a member of the Australian Federal Police, in respect of an application for the issue of a warrant under subsection 12G (5A) of the Act authorising the use of a listening device within the meaning of Division 2 of Part II of that Act in relation to the item mentioned in paragraph 1 (a) of this warrant.

[3. This warrant is issued subject to the following conditions and restrictions:

 6.]

4. This warrant takes effect from the time of its issue and remains in force until the end of 7.

Issued on 8 at 9.

……………………………………………………………..

[Judge/nominated AAT member]*.

*	omit whichever is inapplicable
#	omit if inapplicable
1	insert full name of Judge or nominated AAT member
2	insert description of item
3	if applicable, insert times of day
4	if applicable, insert measures necessary to effect entry
5	insert full name and rank (if any) of applicant for warrant
6	if applicable, insert conditions/restrictions
7	insert a date within the period of 6 months that commences at the beginning of the day of issue of the warrant
8	insert date of issue
9	insert time of issue