Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_78:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 78 (pt 1/3)
Character Range: 875307–878434

78  Issue of international production order—Part 5.3 supervisory order

Scope
  (1) This clause applies if a Part 5.3 IPO agency applies, under clause 72, to an issuing authority for an international production order that:
 (a) is in respect of a particular person (the relevant person); and
 (b) 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) a Part 5.3 supervisory order is in force in relation to the relevant person; and
 (b) 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 that the relevant person has made using an individual transmission service supplied 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, where the individual transmission service is used, or is likely to be used, by the relevant person;
 (iii) telecommunications data that relates to an individual transmission service supplied by the prescribed communications provider, where the individual transmission service is used, or is likely to be used, by the relevant person;
 (iv) telecommunications data that relates to messages sent or received by the relevant person using an individual message/call application service provided by the prescribed communications provider;
 (v) telecommunications data that relates to voice calls made or received by the relevant person using an individual message/call application service provided by the prescribed communications provider;
 (vi) telecommunications data that relates to video calls made or received by the relevant person using an individual message/call application service provided by the prescribed communications provider;
 (vii) telecommunications data that relates to an individual message/call application service provided by the prescribed communications provider, where the individual message/call application service is used, or is likely to be used, by the relevant person;
 (viii) telecommunications data that relates to material that has been uploaded by the relevant person for storage or back‑up by a storage/back‑up service provided by the prescribed communications provider;
 (ix) telecommunications data that relates to material that has been posted by the relevant person on a general electronic content service provided by the prescribed communications provider; and
 (ba) 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
 (c) Subdivision A has been complied with in relation to the