Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_166:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 166 (pt 1/2)
Character Range: 1056911–1060086

166  Evidentiary certificates—Australian Designated Authority
 (1) The Australian Designated Authority may issue a written certificate signed by the Australian Designated Authority setting out such facts as the Australian Designated Authority considers relevant with respect to:
 (a) giving an international production order to a prescribed communications provider; or
 (b) giving an instrument of revocation of an international production order to a prescribed communications provider; or
 (c) giving an instrument of cancellation to a prescribed communications provider.
 (2) If an international production order requires a prescribed communications provider to make intercepted communications, intercepted messages, intercepted voice calls or intercepted video calls available to:
 (a) an interception agency; or
 (b) a Part 5.3 IPO agency; or
 (c) the Organisation;
indirectly via the Australian Designated Authority, the Australian Designated Authority may issue a written certificate signed by the Australian Designated Authority setting out such facts as the Australian Designated Authority considers relevant with respect to:
 (d) the receipt by the Australian Designated Authority of the intercepted communications, intercepted messages, intercepted voice calls or intercepted video calls; or
 (e) anything done by the Australian Designated Authority for the purposes of ensuring that the intercepted communications, intercepted messages, intercepted voice calls or intercepted video calls were passed on to the agency or Organisation, as the case requires.
 (3) If an international production order requires a prescribed communications provider to make a copy of stored communications available to:
 (a) a criminal law‑enforcement agency; or
 (b) a Part 5.3 IPO agency; or
 (c) the Organisation;
indirectly via the Australian Designated Authority, the Australian Designated Authority may issue a written certificate signed by the Australian Designated Authority setting out such facts as the Australian Designated Authority considers relevant with respect to:
 (d) the receipt by the Australian Designated Authority of the copy; or
 (e) anything done by the Australian Designated Authority for the purposes of ensuring that the copy was passed on to the agency or Organisation, as the case requires.
 (4) If an international production order requires a prescribed communications provider to disclose telecommunications data to:
 (a) a relevant agency; or
 (b) the Organisation;
indirectly via the Australian Designated Authority, the Australian Designated Authority may issue a written certificate signed by the Australian Designated Authority setting out such facts as the Australian Designated Authority considers relevant with respect to:
 (c) the receipt by the Australian Designated Authority of the telecommunications data; or
 (d) anything done by the Australian Designated Authority for the purposes of ensuring that the telecommunications data was passed on to the agency or Organisation, as the case requires.
 (5) A document purporting to be a certificate issued under subclause (1), (2), (3) or (4):
 (a) is to be received in evidence in a proceeding in