Document ID: chunk:federal_register_of_legislation:C2012A00120:clause:2_15d
Version: federal_register_of_legislation:C2012A00120
Segment Type: clause
Provision Reference: sch 2 cl 15D
Character Range: 39239–40665

15D  Requests by foreign countries for telecommunications data
 (1) This section applies if:
 (a)  a foreign country requests the disclosure of specified information or specified documents that come into existence during a specified period; and
 (b) the information or documents relate to the fact of a communication passing over a telecommunications system.
 (2) To avoid doubt, information or documents do not relate to the fact of a communication passing over a telecommunications system:
 (a) if the information is the contents or substance of a communication; or
 (b) to the extent that the documents contain the contents or substance of a communication.
 (3) The Attorney‑General may authorise the making of an authorisation under section 180B of the Telecommunications (Interception and Access) Act 1979, of a disclosure of information or documents to which this section applies, if he or she is satisfied that:
 (a) an investigation relating to a criminal matter involving an offence against the law of the foreign country has commenced in that country; and
 (b) the offence:
 (i) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or
 (ii) involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence within the meaning of section 5D of the Telecommunications (Interception and Access) Act 1979.

Telecommunications Act 1997