Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_78:p2
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 78 (pt 2/3)
Character Range: 878182–881063

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 application—because of urgent circumstances, it was necessary to make the application by telephone; and
 (e) disclosing the telecommunications data to the agency, under an order issued under this clause, would be likely to substantially assist in connection with:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
the issuing authority may issue an order (to be known as an international production order) directing the prescribed communications provider to do either or both of the following:
 (f) so far as the telecommunications data is held by the prescribed communications provider when the international production order comes into force—disclose any such telecommunications data to the agency;
 (g) so far as the telecommunications data commences to be held by the prescribed communications provider during a specified period—disclose any such telecommunications data to the agency.

Period specified in international production order
 (3) A period specified in an international production order for the purposes of paragraph (2)(g) must not begin before the time when the order is given to the prescribed communications provider.
Note: International production orders are given under clause 111.
 (4) A period specified in an international production order for the purposes of paragraph (2)(g) must not be longer than 90 days.
 (5) In deciding whether to issue an international production order under subclause (2), the issuing authority must have regard to the following matters:
 (a) how much the privacy of any person or persons would be likely to be interfered with by obtaining, under an international production order, the telecommunications data;
 (b) how much the telecommunications data would be likely to assist in connection with:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
 (c) to what extent methods for:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with;
  that do not involve so obtaining the telecommunications data have been used by, or are available to, the Part 5.3 IPO agency;
 (d) how much the use of such methods would be likely to assist in connection with:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or