Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_138:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 138 (pt 1/2)
Character Range: 279185–282121

138  Other records to be kept—Australian Designated Authority
 (1) The Australian Designated Authority must cause the following to be kept in the Australian Designated Authority's records:
 (a) for each international production order given by the Australian Designated Authority to a prescribed communications provider:
 (i) a record of the type of order; and
 (ii) a record of the Australian entity that applied for the order; and
 (iii) the name of the designated international agreement invoked by the order; and
 (iv) the name of the prescribed communications provider; and
 (v) if, in compliance with the order, the prescribed communications provider made intercepted communications, messages, voice calls or video calls available to an Australian entity directly—a statement to that effect; and
 (vi) if, in compliance with the order, the prescribed communications provider made stored communications or telecommunications data available to an Australian entity directly—a statement to that effect;
 (b) if an international production order is cancelled by the Australian Designated Authority under clause 111, 112 or 122—a record of the cancellation and the reasons for the cancellation;
 (c) if an instrument of revocation of an international production order is given by the Australian Designated Authority to a prescribed communications provider—a record of the giving of the instrument;
 (d) if an instrument of cancellation of an international production order is given by the Australian Designated Authority to a prescribed communications provider—a record of the giving of the instrument;
 (e) if an objection is received by the Australian Designated Authority under clause 121:
 (i) a record of the receipt of the objection; and
 (ii) a record of the international production order to which the objection relates; and
 (iii) a record of the type of order; and
 (iv) the name of the designated international agreement invoked by the order; and
 (v) the name of the prescribed communications provider to whom the order is directed; and
 (vi) the name of the Australian entity that applied for the order; and
 (vii) if the objection was referred to an authority (however described) of a foreign country—a record of the referral.
 (2) If:
 (a) there is a designated international agreement between Australia and one or more foreign countries; and
 (b) the agreement deals with (among other things) the issue of orders (however described) by a competent authority (however described) of such a foreign country; and
 (c) such an order (the incoming order) is directed to a prescribed communications provider that:
 (i) carries on activities in Australia; or
 (ii) provides one or more services to end‑users who are physically present in Australia; and
 (d) the provider notifies an authority (however described) of the foreign country that the provider objects to the incoming order:
 (i) on the grounds that the incoming order