Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:3_20:p1
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 3 cl 20 (pt 1/2)
Character Range: 95270–98128

20  Subsections 67N(5) to (10)
Repeal the subsections, substitute:

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 the relevant Department or Commonwealth instrumentality, about actual or threatened violence to any one or more of the following:
 (a) the child;
 (b) a person who is related to the child within the meaning of subsection 67NA(1);
 (c) a person who has a connection to the child that the court considers relevant.
 (10) A Commonwealth information order seeking information about actual or threatened violence to a person mentioned in paragraph (9)(c) must specify either the person or the nature of the connection between the person and the child.
 (11) If a Commonwealth information order seeks information about actual or threatened violence to a person mentioned in paragraph (9)(b) or (c), the person to whom the order applies is only required to provide information about the person if they can be identified using the records of the relevant Department or Commonwealth instrumentality.
 (12) A Commonwealth information order seeking information about actual or threatened violence under subsection (9) may specify that such information is to be sought within the following records:
 (a) a particular record, or particular kinds of records;
 (b) records held in relation to particular individuals;
 (c) records made within a particular period, or before or after a particular time.

Revocation of a Commonwealth information order
 (13) If a Commonwealth information order requires periodic searches for information, the court must:
 (a) revoke the order before the order ceases to be in force if satisfied that the purpose