Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_89:p4
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 89 (pt 4/5)
Character Range: 903736–906610

or more individual message/call application services:
 (i) to what extent methods of carrying out the Organisation's function of obtaining intelligence relating to security (so far as carrying out that function relates to the target) that are less intrusive than intercepting, under such an order, messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services have been used by, or are available to, the Organisation; and
 (ii) how much the use of such methods would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security (so far as carrying out that function relates to the target); and
 (iii) how much the use of such methods would be likely to prejudice the Organisation in carrying out its function of obtaining intelligence relating to security (so far as carrying out that function relates to the target), whether because of delay or for any other reason; and
 (iv)  such other matters (if any) as the nominated ART Intelligence and Security member considers relevant.
Note: For target, see subclause (8).

Restriction on issuing order
 (6) The nominated ART Intelligence and Security member must not issue an international production order under subclause (2) in a case where subparagraph (2)(e)(ii) applies unless the nominated ART Intelligence and Security member is satisfied that:
 (a) the Organisation has exhausted all other practicable methods of identifying the individual transmission services used, or likely to be used, by the other person mentioned in subparagraph (2)(e)(ii); or
 (b) interception of communications carried by individual transmission services used or likely to be used by that other person would not otherwise be possible.
 (7) The nominated ART Intelligence and Security member must not issue an international production order under subclause (2) in a case where subparagraph (2)(f)(ii) applies unless the nominated ART Intelligence and Security member is satisfied that:
 (a) the Organisation has exhausted all other practicable methods of identifying the individual message/call application services used, or likely to be used, by the other person mentioned in subparagraph (2)(f)(ii); or
 (b) interception of messages sent or received, voice calls made or received, or video calls made or received, using individual message/call application services used or likely to be used by that other person would not otherwise be possible.

Target
 (8) For the purposes of this clause, target means:
 (a) if subparagraph (2)(e)(i) or (f)(i) applies—the person referred to in that subparagraph; or
 (b) if subparagraph (2)(e)(ii) or (f)(ii) applies—the other person referred to in that subparagraph; or
 (c) if subparagraph (2)(e)(iii) or (f)(iii) applies—the purposes referred to in that subparagraph.