Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_60:p3
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 60 (pt 3/7)
Character Range: 134038–137061

more individual transmission services:
 (i) intercept communications carried by those individual transmission services during a specified period; and
 (ii) make those intercepted communications available to the control order IPO agency; and
 (iii) disclose to the control order IPO agency specified telecommunications data that relates to those intercepted communications; and
 (iv) disclose to the control order IPO agency specified telecommunications data that relates to those individual transmission services; or
 (l) in the case of an application for an international production order that is in respect of one or more individual message/call application services:
 (i) intercept messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services during a specified period; and
 (ii) make those intercepted messages, voice calls or video calls available to the control order IPO agency; and
 (iii) disclose to the control order IPO agency specified telecommunications data that relates to those intercepted messages, voice calls or video calls; and
 (iv) disclose to the control order IPO agency specified telecommunications data that relates to those individual message/call application services.
Note 1: Part 5.3 of the Criminal Code creates offences relating to terrorist acts.
Note 2: Part 5.5 of the Criminal Code creates offences relating to engaging in a hostile activity in a foreign country.
Note 3: Section 104.27 of the Criminal Code creates an offence of contravening a control order.
Note 4: Subclauses (7) and (8) restrict the issuing of international production orders if subparagraph (2)(g)(ii) or (h)(ii) applies.

Period specified in international production order
 (3) A period specified in an international production order for the purposes of subparagraph (2)(k)(i) or (l)(i) must not begin before the time when the order is given to the prescribed communications provider.
Note: International production orders are given under clause 111.
 (4) The period specified in an international production order for the purposes of subparagraph (2)(k)(i) or (l)(i) must not be longer than:
 (a) if subparagraph (2)(g)(ii) or (h)(ii) applies (as the case requires)—45 days; or
 (b) otherwise—90 days.

Matters to which eligible Judge or nominated AAT member must have regard
 (5) In deciding whether to issue an international production order under subclause (2) (in the case of an application for an international production order that is in respect of one or more individual transmission services), the eligible Judge or nominated AAT member must have regard to the following matters:
 (a) how much the privacy of any person or persons would be likely to be interfered with by intercepting, under an international production order, communications that are being carried by those individual transmission services;
 (b) how much the information referred to in paragraph (2)(i) would be likely to assist in connection with:
 (i)