Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_140:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 140 (pt 1/2)
Character Range: 285852–288774

140  Destruction of records

Interception
 (1) If:
 (a) an international production order was issued in response to an application made by a relevant agency; and
 (b) in compliance with the order, a prescribed communications provider makes:
 (i) intercepted communications; or
 (ii) intercepted messages; or
 (iii) intercepted voice calls; or
 (iv) intercepted video calls;
  available to the agency (whether directly or indirectly via the Australian Designated Authority); and
 (c) a record of the intercepted communications, intercepted messages, intercepted voice calls, or intercepted video calls, as the case may be, is in the agency's possession; and
 (d) the chief officer of the agency is satisfied that the record is not likely to be required for a purpose referred to in clause 153 or 157;
the chief officer must cause the record to be destroyed immediately after becoming so satisfied.
 (2) If:
 (a) an international production order was issued under clause 89; and
 (b) in compliance with the order, a prescribed communications provider makes:
 (i) intercepted communications; or
 (ii) intercepted messages; or
 (iii) intercepted voice calls; or
 (iv) intercepted video calls;
  available to the Organisation (whether directly or indirectly via the Australian Designated Authority); and
 (c) a record of the intercepted communications, intercepted messages, intercepted voice calls, or intercepted video calls, as the case may be, is in the Organisation's possession; and
 (d) the Director‑General of Security is satisfied that the record is not likely to be required for a purpose referred to in clause 153 or 157;
the Director‑General of Security must cause the record to be destroyed immediately after becoming so satisfied.

Stored communications
 (3) If:
 (a) an international production order was issued in response to an application made by a relevant agency; and
 (b) in compliance with the order, a prescribed communications provider makes a copy of stored communications available to the agency (whether directly or indirectly via the Australian Designated Authority); and
 (c) the copy is in the agency's possession; and
 (d) the chief officer of the agency is satisfied that the copy is not likely to be required for a purpose referred to in clause 153 or 158;
the chief officer must cause the copy to be destroyed immediately after becoming so satisfied.
 (4) If:
 (a) an international production order was issued under clause 98; and
 (b) in compliance with the order, a prescribed communications provider makes a copy of stored communications available to the Organisation (whether directly or indirectly via the Australian Designated Authority); and
 (c) the copy is in the Organisation's possession; and
 (d) the Director‑General of Security is satisfied that the copy is not likely to be required for a purpose referred to in clause 153 or 158;
the Director‑General of Security must cause the