Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_112
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 112
Character Range: 941534–944502

112  Giving of international production orders—the Organisation
 (1) If an international production order is issued under Part 4 of this Schedule:
 (a) the Organisation must:
 (i) give the order, or a certified copy of the order, to the Australian Designated Authority; and
 (ii) do so as soon as practicable after the order is issued; and
 (b) the Australian Designated Authority must consider whether the order complies with the designated international agreement nominated in the application for the order; and
 (c) if the Australian Designated Authority is satisfied that the order complies with the designated international agreement nominated in the application for the order—the Australian Designated Authority must:
 (i) give the order, or the certified copy of the order, to the prescribed communications provider to whom the order is directed; and
 (ii) do so as soon as practicable after becoming so satisfied; and
 (d) if the Australian Designated Authority is not satisfied that the order complies with the designated international agreement nominated in the application for the order—the Australian Designated Authority must:
 (i) cancel the order; and
 (ii) return the order, or the certified copy of the order, to the Organisation; and
 (iii) give the Organisation such advice as the Australian Designated Authority considers appropriate in relation to compliance with the designated international agreement.
Note: See clause 171 (which deals with electronic service of documents).
 (2) For the purposes of this Schedule, if the Australian Designated Authority gives a certified copy of an international production order to a prescribed communications provider under subclause (1), the Australian Designated Authority is taken to have given the order to the prescribed communications provider under subclause (1).
 (3) An international production order issued under Part 4 of this Schedule comes into force when it is given to the prescribed communications provider to whom the order is directed.
 (4) For the purposes of this Schedule, if the Australian Designated Authority gives an international production order to a prescribed communications provider under subclause (1), the order is taken to invoke the designated international agreement nominated in the application for the order.
 (5) If the Australian Designated Authority gives an international production order to a prescribed communications provider under subclause (1), the Australian Designated Authority must notify the giving of the order to the Organisation.
 (6) A cancellation under paragraph (1)(d) is to be set out in a written instrument.
 (7) If an international production order is issued under Part 4 of this Schedule, the Organisation may give the Australian Designated Authority information that is likely to assist the Australian Designated Authority in making a decision under this clause in relation to the order.

Part 6—Revocation of international production orders