Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_89:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 89 (pt 1/5)
Character Range: 895603–898563

89  Issue of international production order—national security

Scope
  (1) This clause applies if the Organisation applies, under clause 83, to a nominated ART Intelligence and Security 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 nominated ART Intelligence and Security member is satisfied, on the basis of the information given to the nominated ART Intelligence and Security 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 Organisation 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 those services are being, or are likely to be:
 (i) used by a person engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or
 (ii) the means by which a person receives or sends a communication from or to another person who is engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or
 (iii) used for purposes prejudicial to security; 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 those services are being, or are likely to be:
 (i) used by a person engaged in, or reasonably suspected of being engaged