Document ID: chunk:federal_register_of_legislation:C2012A00120:clause:1_107p
Version: federal_register_of_legislation:C2012A00120
Segment Type: clause
Provision Reference: sch 1 cl 107P
Character Range: 18773–20451

107P  Condition for giving a foreign preservation notice
 (1) If, under paragraph 15B(d) of the Mutual Assistance in Criminal Matters Act 1987, a foreign country intends to request the Attorney‑General to arrange for access to 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, or investigative proceeding, relating to a criminal matter involving a serious foreign contravention;
then the foreign country may request the Australian Federal Police to arrange for the preservation of those stored communications.
 (2) The request to the Australian Federal Police must:
 (a) be in writing; and
 (b) specify the name of the authority concerned with the criminal matter; and
 (c) specify the serious foreign contravention that is the subject of the investigation or investigative 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 foreign country 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 foreign country 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 foreign country intends to make a request under paragraph 15B(d) of the Mutual Assistance in Criminal Matters Act 1987 to access the stored communications.