Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_168
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 168
Character Range: 1060940–1062678

168  Incoming orders and requests—exemptions from various prohibitions
  If:
 (a) there is a designated international agreement between Australia and one or more foreign countries; and
 (b) the agreement deals with (among other things):
 (i) the issue of orders (however described); or
 (ii) the making of requests (however described);
  by a competent authority (however described) of such a foreign country;
then:
 (c) subsections 7(1) and 108(1) do not apply to or in relation to:
 (i) an act or thing done in compliance with such an order or request; or
 (ii) the issue of such an order or the making of such a request; and
 (d) subsections 63(1) and 133(1) do not apply to or in relation to:
 (i) an act or thing done in compliance with such an order or request; or
 (ii) information obtained in accordance with such an order or request; and
 (e) sections 276, 277 and 278 of the Telecommunications Act 1997 do not apply to or in relation to:
 (i) an act or thing done in compliance with such an order or request; or
 (ii) information obtained in accordance with such an order or request.
Note 1: In a prosecution for an offence against subsection 7(1) or 108(1), a defendant bears an evidential burden in relation to the matter in paragraph (c): see subsection 13.3(3) of the Criminal Code.
Note 2: In a prosecution for an offence against subsection 63(1) or 133(1), a defendant bears an evidential burden in relation to the matter in paragraph (d): see subsection 13.3(3) of the Criminal Code.
Note 3: In a prosecution for an offence against section 276, 277 or 278 of the Telecommunications Act 1997, a defendant bears an evidential burden in relation to the matter in paragraph (e): see subsection 13.3(3) of the Criminal Code.