Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_39:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 39 (pt 1/3)
Character Range: 97368–100499

39  Issue of international production order—enforcement of the criminal law

Scope
  (1) This clause applies if a criminal law‑enforcement agency applies, under clause 33, 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) 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
 (aa) 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
 (b) Subdivision A has been complied with in relation to the application; and
 (c) in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and
 (d) information that would be likely to be obtained by making a copy, under an order issued under