Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_10a
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 10A
Character Range: 763077–764185

10A  When a prescribed communications provider is based in, or operates in, a foreign country

Based in a foreign country—individual
 (1) For the purposes of the application of this Schedule to a prescribed communications provider who is an individual, the provider is based in a foreign country if, and only if, the provider is ordinarily resident in the foreign country.

Based in a foreign country—body corporate
 (2) For the purposes of the application of this Schedule to a prescribed communications provider that is a body corporate, the provider is based in a foreign country if, and only if:
 (a) the provider is incorporated in the foreign country; or
 (b) the provider has its principal place of business in the foreign country.

Operates in a foreign country
 (3) For the purposes of this Schedule, a prescribed communications provider operates in a foreign country if, and only if:
 (a) the provider handles communications in the foreign country; or
 (b) the provider holds stored communications in the foreign country; or
 (c) the provider holds telecommunications data in the foreign country.