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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 107P Condition for giving a foreign preservation notice

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 107P

Condition for giving a foreign preservation notice

  (1)   An entity mentioned in the following table may request the Australian Federal Police to arrange for the preservation of stored communications that:

  (a)   relate to a specified person or specified telecommunications service; and

  (b)   are held by a carrier; and

  (c)   are relevant to an investigation, investigative proceeding, or proceeding relating to a serious foreign contravention;

if the entity intends to make a request (an access request ) under a provision mentioned in the table to the Attorney - General to arrange for access to those stored communications.

 

Requesting access to stored communications

Item

This entity:

May make an access request under:

1

a foreign country

paragraph   15B(d) of the Mutual Assistance in Criminal Matters Act 1987

2

the International Criminal Court

paragraph   78A(b) of the International Criminal Court Act 2002

3

a War Crimes Tribunal

paragraph   34A(b) of the International War Crimes Tribunals Act 1995

  (2)   The request by the entity to the Australian Federal Police must:

  (a)   be in writing; and

  (b)   name the entity or the entity's authority concerned with the serious foreign contravention; and

  (c)   specify the serious foreign contravention that is the subject of the investigation, investigative proceeding or proceeding; and

  (d)   specify information identifying the stored communications to be preserved and the relationship between those communications and the serious foreign contravention; and

  (e)   specify any information the entity has that identifies the carrier that holds the stored communications; and

  (f)   if the stored communications relate to a specified person--specify any information the entity has that identifies the telecommunications service to which the stored communications relate; and

  (g)   specify the reasons why the stored communications need to be preserved; and

  (h)   specify that the entity intends to make an access request for the stored communications.