Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_98:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 98 (pt 1/3)
Character Range: 917339–920483

98  Issue of international production order—national security

Scope
 (1) This clause applies if the Organisation applies, under clause 92, to a nominated ART Intelligence and Security member 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 nominated ART Intelligence and Security member is satisfied, on the basis of the information given to the nominated ART Intelligence and Security member under this Division in connection with the application, that:
 (a) there are reasonable grounds for suspecting that the relevant person is engaged in, or is likely to engage in, activities prejudicial to security; and
 (b) there are reasonable grounds for suspecting that the prescribed communications provider holds any of the following stored communications:
 (i) stored communications that consist of communications that the relevant person has made using a telecommunications network owned or operated by the prescribed communications provider;
 (ii) stored communications that consist of communications that another person has made using a telecommunications network owned or operated by the prescribed communications provider, and for which the relevant person is the intended recipient;
 (iii) stored communications that consist of communications that the relevant person has made using a transmission service supplied by the prescribed communications provider;
 (iv) stored communications that consist of communications that another person has made using a transmission service supplied by the prescribed communications provider, and for which the relevant person is the intended recipient;
 (v) stored communications that consist of messages that the relevant person has sent or received using a message/call application service provided by the prescribed communications provider;
 (vi) stored communications that consist of recordings of voice calls that the relevant person has made or received using a message/call application service provided by the prescribed communications provider;
 (vii) stored communications that consist of recordings of video calls that the relevant person has made or received using a message/call application service provided by the prescribed communications provider;
 (viii) stored communications that consist of material that the relevant person has uploaded for storage or back‑up by a storage/back‑up service provided by the prescribed communications provider;
 (ix) stored communications that consist of material that the relevant person has posted to a general electronic content service provided by the prescribed communications provider; and
 (ba) the person who made the application on behalf of the Organisation 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 application; and
 (d) in the case of a telephone