Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_40
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 104623–106659

40  Content of international production order

Scope
 (1) This clause applies to an international production order issued under clause 39 in response to an application made by a criminal law‑enforcement agency.

Content
 (2) The order must be signed by the issuing authority who issued it.
 (3) The order must set out the following:
 (a) the date on which the order was issued;
 (b) the name of the criminal law‑enforcement agency;
 (c) the name of the prescribed communications provider to whom the order is directed;
 (d) the name of the designated international agreement nominated in the application for the order;
 (e) short particulars of each serious category 1 offence in relation to which the issuing authority issuing the order was satisfied, on the application for the order, as mentioned in paragraph 39(2)(d) of this Schedule.
 (4) If the order directs a prescribed communications provider to make a copy of stored communications available to the criminal law‑enforcement agency, the order may require the provider to make that copy available to the agency in a specified way.
 (5) A requirement under subclause (4) may:
 (a) require that a copy of stored communications be made available to the criminal law‑enforcement agency directly; or
 (b) require that a copy of stored communications be made available to the criminal law‑enforcement agency indirectly via the Australian Designated Authority.
 (6) If the order directs a prescribed communications provider to disclose telecommunications data to the criminal law‑enforcement agency, the order may require the provider to disclose that data to the agency in a specified way.
 (7) A requirement under subclause (6) may:
 (a) require that the telecommunications data be disclosed to the criminal law‑enforcement agency directly; or
 (b) require that the telecommunications data be disclosed to the criminal law‑enforcement agency indirectly via the Australian Designated Authority.
 (8) For the purposes of this clause, a specified way may deal with matters of timing.