Document ID: chunk:federal_register_of_legislation:C2023C00229:section:5
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 5
Character Range: 55035–56680

5                                                                      material that is or includes:                                                                            a serious offence punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty
                                                                       (a) protected IPO stored communications information; or
                                                                       (b) protected IPO telecommunications data information

 (3) An authorisation by the Attorney‑General under subsection (1) may include a direction to an authorised officer of the enforcement agency having possession of the material about how the material is to be provided to that foreign country.
 (4) In authorising the provision of material to a foreign country, the Attorney‑General may specify the uses to which that material can be put.
 (5) An authorisation by the Attorney‑General under subsection (1) is not a legislative instrument.
 (6) In this section:
authorised officer includes a law enforcement officer within the meaning of the Surveillance Devices Act 2004.
enforcement agency includes a law enforcement agency within the meaning of the Surveillance Devices Act 2004.
material lawfully obtained by an enforcement agency in Australia includes:
 (a) material obtained from individuals or entities by consent; and
 (b) material obtained by warrant or the exercise of a coercive power by a court in Australia for the purposes of a domestic investigation or prosecution.

Part III—Assistance in relation to search and seizure