Document ID: chunk:federal_register_of_legislation:C2024C00859:section:67n:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 67N (pt 1/3)
Character Range: 331343–334183

67N  Provisions about Commonwealth information orders
 (1) This section applies to Commonwealth information orders.

Requirements for making a Commonwealth information order
 (2) Subject to section 67L, a court having jurisdiction under this Part or section 111CX, or exercising jurisdiction in proceedings arising under regulations made for the purposes of Part XIIIAA, may make a Commonwealth information order if it is satisfied that information about the child's location is likely to be contained in, or to come into, the records of the Department or Commonwealth instrumentality concerned.

 (3) A court must not make a Commonwealth information order unless:
 (a) a copy of the application for the order has been served in accordance with the applicable Rules of Court on the person to whom the order will apply (being the Secretary of the Department concerned or an appropriate authority of the Commonwealth instrumentality concerned); and
 (b) if that Department or Commonwealth instrumentality is prescribed for the purposes of this paragraph—either:
 (i) the period of 7 days after service of that copy of the application has expired; or
 (ii) the court considers that there are special circumstances because of which the order should be made before the end of that period of 7 days.
 (4) If an application for a Commonwealth information order relates to more than one Department or Commonwealth instrumentality, the court must not make the order in relation to more than one of them unless the court considers it should do so because of exceptional circumstances.

Content of a Commonwealth information order
 (5) A Commonwealth information order may require either:
 (a) a one‑off search for information sought by the order; or
 (b) periodic searches for the information sought by the order for the period during which the order is in force, which must not exceed 12 months.
 (6) A Commonwealth information order that requires periodic searches for information does not require the records of the Department or Commonwealth instrumentality concerned to be searched more often than once every 3 months unless specifically so ordered by the court.
 (7) Unless a Commonwealth information order specifies otherwise, the order does not require the searching of records that are more than 2 years old on the day the order is made.
 (8) A court may state that a Commonwealth information order only applies to records of a particular kind if the court considers that an unreasonable burden would be placed on the resources of the Department or Commonwealth instrumentality concerned if the order applied to all of its records.
 (9) In addition to requiring information about a child's location, a Commonwealth information order may also require the person to whom the order applies to provide any information, that is in the records of