Document ID: chunk:federal_register_of_legislation:C2012A00120:clause:1_107r
Version: federal_register_of_legislation:C2012A00120
Segment Type: clause
Provision Reference: sch 1 cl 107R
Character Range: 21075–23279

107R  Revoking a foreign preservation notice
 (1) If:
 (a) a foreign country makes a request under section 107P to preserve stored communications that are held by a carrier; and
 (b) in response to the request, the Australian Federal Police gives a foreign preservation notice to the carrier in relation to those stored communications under subsection 107N(1); and
 (c) during the period of 180 days starting on the day the carrier was given the notice, the foreign country did not make a request to the Attorney‑General under paragraph 15B(d) of the Mutual Assistance in Criminal Matters Act 1987 to arrange for access to those communications;
then the Australian Federal Police must, by the third working day after the end of that period, revoke the preservation notice by giving the carrier to whom it was given written notice of the revocation.
 (2) If:
 (a) a foreign country makes a request under section 107P to preserve stored communications that are held by a carrier; and
 (b) in response to the request, the Australian Federal Police gives a foreign preservation notice to the carrier in relation to those stored communications under subsection 107N(1); and
 (c) the foreign country makes a request to the Attorney‑General under paragraph 15B(d) of the Mutual Assistance in Criminal Matters Act 1987 to arrange for access to those communications; and
 (d) the Attorney‑General refuses that request;
then the Australian Federal Police must, by the third working day after it is notified of the refusal, revoke the preservation notice by giving the carrier to whom it was given written notice of the revocation.
 (3) If:
 (a) a foreign country makes a request under section 107P to preserve stored communications that are held by a carrier; and
 (b) in response to the request, the Australian Federal Police gives a foreign preservation notice to the carrier in relation to those stored communications under subsection 107N(1); and
 (c) the foreign country withdraws the request;
then the Australian Federal Police must, by the third working day after it is notified of the withdrawal, revoke the preservation notice by giving the carrier to whom it was given written notice of the revocation.