Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_172:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 172 (pt 1/2)
Character Range: 354773–357637

172  International production order issued in response to a telephone application—action required

Scope
 (1) This clause applies if a person (the issuing person) issues an international production order in response to a telephone application made by a person (the applicant) on behalf of:
 (a) a relevant agency; or
 (b) the Organisation.

Required action
 (2) Within one day after the day on which the international production order is issued, the applicant must:
 (a) cause each person who gave information to the issuing person in connection with the application to swear or affirm an affidavit setting out the information so given by the person; and
 (b) give to the issuing person:
 (i) the affidavit or affidavits; and
 (ii) if, as a result of an authorisation that was in force under clause 23, 34, 43, 53, 64 or 73 when the application was made, the applicant was authorised to make the application by telephone—a copy of the authorisation.

Cancellation if required action not taken
 (3) If the issuing person is satisfied that subclause (2) has not been complied with in relation to the order, the issuing person may cancel the order.
 (4) A cancellation under subclause (3) is to be set out in a written instrument.
 (5) If the international production order is cancelled by the issuing person under subclause (3):
 (a) the issuing person must:
 (i) give the instrument of cancellation to the Australian Designated Authority; and
 (ii) do so as soon as practicable after the order is cancelled; and
 (b) if the telephone application was made on behalf of a relevant agency—the Australian Designated Authority must:
 (i) inform the chief officer of the relevant agency of the cancellation; and
 (ii) do so as soon as practicable after the instrument of cancellation is given to the Australian Designated Authority; and
 (c) if the telephone application was made on behalf of the Organisation—the Australian Designated Authority must:
 (i) inform the Organisation of the cancellation; and
 (ii) do so as soon as practicable after the instrument of cancellation is given to the Australian Designated Authority.
 (6) If:
 (a) the Australian Designated Authority gave the international production order to the prescribed communications provider to whom the order is directed; and
 (b) the order was subsequently cancelled under subclause (3);
the Australian Designated Authority must:
 (c) give the instrument of cancellation to the prescribed communications provider; and
 (d) do so as soon as practicable after the instrument of cancellation is given to the Australian Designated Authority.
 (7) A cancellation under subclause (3) takes effect:
 (a) if the instrument of cancellation is required to be given to the prescribed communications provider concerned—when the instrument is given; or
 (b) otherwise—when the cancellation is made.
 (8) If:
 (a) an