Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_60:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 60 (pt 1/7)
Character Range: 128749–131704

60  Issue of international production order—control order

Scope
  (1) This clause applies if a control order IPO agency applies, under clause 52, to an eligible Judge or nominated AAT member for an international production order that:
 (a) is in respect of:
 (i) one or more individual transmission services; or
 (ii) one or more individual message/call application services; and
 (b) is directed to a prescribed communications provider.

Issue of international production order
 (2) If the eligible Judge or nominated AAT member is satisfied, on the basis of the information given to the eligible Judge or nominated AAT member under this Division in connection with the application, that:
 (a) in the case of an application for an international production order that is in respect of one or more individual transmission services—there are reasonable grounds for suspecting that:
 (i) the prescribed communications provider owns or operates a telecommunications network that is, or is likely to be, used to supply those individual transmission services; or
 (ii) the prescribed communications provider supplies those individual transmission services; and
 (b) in the case of an application for an international production order that is in respect of one or more individual message/call application services—there are reasonable grounds for suspecting that the prescribed communications provider provides those individual message/call application services; and
 (ba) the person who made the application on behalf of the agency reasonably suspects that the prescribed communications provider is based in, or operates in, a foreign country that is a party to the designated international agreement nominated in the application; and
 (c) Subdivision A has been complied with in relation to the application; and
 (d) in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and
 (e) in the case of an application for an international production order that is in respect of one or more individual transmission services—there are reasonable grounds for suspecting that a particular person is using, or is likely to use, those individual transmission services; and
 (f) in the case of an application for an international production order that is in respect of one or more individual message/call application services—there are reasonable grounds for suspecting that a particular person is using, or is likely to use, those individual message/call application services; and
 (g) in the case of an application for an international production order that is in respect of one or more individual transmission services:
 (i) a control order is in force in relation to the particular person; or
 (ii) a control order is in force in relation to another person, and the particular person is likely to communicate with the other person using those individual transmission services; and
 (h) in the case