Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_48:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 48 (pt 1/2)
Character Range: 110388–113633

48  Issue of international production order—enforcement of the criminal law

Scope
  (1) This clause applies if an enforcement agency applies, under clause 42, to an issuing authority for an international production order that is directed to a prescribed communications provider.

Issue of international production order
 (2) If the issuing authority is satisfied, on the basis of the information given to the issuing authority under this Division in connection with the application, that:
 (a) there are reasonable grounds for suspecting that the prescribed communications provider holds, or is likely to commence to hold, any of the following telecommunications data:
 (i) telecommunications data that relates to communications carried by an individual transmission service supplied using a telecommunications network owned or operated by the prescribed communications provider;
 (ii) telecommunications data that relates to an individual transmission service supplied using a telecommunications network owned or operated by the prescribed communications provider;
 (iii) telecommunications data that relates to communications carried by an individual transmission service supplied by the prescribed communications provider;
 (iv) telecommunications data that relates to an individual transmission service supplied by the prescribed communications provider;
 (v) telecommunications data that relates to messages sent or received using an individual message/call application service provided by the prescribed communications provider;
 (vi) telecommunications data that relates to voice calls made or received using an individual message/call application service provided by the prescribed communications provider;
 (vii) telecommunications data that relates to video calls made or received using an individual message/call application service provided by the prescribed communications provider;
 (viii) telecommunications data that relates to an individual message/call application service provided by the prescribed communications provider;
 (ix) telecommunications data that relates to material that has been uploaded by an end‑user for storage or back‑up by a storage/back‑up service provided by the prescribed communications provider;
 (x) telecommunications data that relates to material that has been posted on a general electronic content service provided by the prescribed communications provider; and
 (aa) the person who made the application on behalf of the agency reasonably suspects that the prescribed communications provider is based in, or operates in, a foreign country that is a party to the designated international agreement nominated in the application; and
 (b) Subdivision A has been complied with in relation to the application; and
 (c) in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and
 (d) disclosing the telecommunications data to the enforcement agency, under an order issued under this clause, would be likely to assist in connection with the investigation by the enforcement agency of a serious category 1 offence, or serious category 1 offences;
the issuing authority may issue an order (to be known as an international production