Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_30:p3
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 30 (pt 3/5)
Character Range: 82489–85337

production orders if subparagraph (2)(g)(ii) or (h)(ii) applies.

Period specified in international production order
 (3) A period specified in an international production order for the purposes of subparagraph (2)(i)(i) or (j)(i) 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) The period specified in an international production order for the purposes of subparagraph (2)(i)(i) or (j)(i) must not be longer than:
 (a) if subparagraph (2)(g)(ii) or (h)(ii) applies (as the case requires)—45 days; or
 (b) otherwise—90 days.

Matters to which eligible Judge or nominated AAT member must have regard
 (5) In deciding whether to issue an international production order under subclause (2), the eligible Judge or nominated AAT member must have regard to the following matters:
 (a) in the case of an application for an international production order that is in respect of one or more individual transmission services:
 (i) how much the privacy of any person or persons would be likely to be interfered with by intercepting, under an international production order, communications that are being carried by those individual transmission services; and
 (ii) the gravity of the conduct constituting the serious category 2 offence or serious category 2 offences being investigated; and
 (iii) how much the information mentioned in paragraph (2)(g) would be likely to assist in connection with the investigation by the interception agency of the serious category 2 offence or serious category 2 offences; and
 (iv) to what extent methods of investigating the serious category 2 offence or serious category 2 offences that do not involve so intercepting communications have been used by, or are available to, the interception agency; and
 (v) how much the use of such methods would be likely to assist in connection with the investigation by the interception agency of the serious category 2 offence or serious category 2 offences; and
 (vi) how much the use of such methods would be likely to prejudice the investigation by the interception agency of the serious category 2 offence or serious category 2 offences, whether because of delay or for any other reason; and
 (vii) in relation to an application by an interception agency of Victoria—any submissions made by a Victorian PIM under clause 28 to the eligible Judge or nominated AAT member; and
 (viii) in relation to an application by an interception agency of Queensland—any submissions made by a Queensland PIM under clause 29 to the eligible Judge or nominated AAT member; and
 (ix)  such other matters (if any) as the eligible Judge or nominated AAT member considers relevant;
 (b) in the case of an application for an international production order that is in respect of one