Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_92:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 92 (pt 1/2)
Character Range: 911065–914001

92  Application for international production order—national security
 (1) The Organisation may apply to a nominated ART Intelligence and Security member for an international production order under clause 98 that:
 (a) is in respect of a particular person; and
 (b) is directed to a prescribed communications provider.
 (2) The application must nominate a designated international agreement.
 (3) The application must be made on the Organisation's behalf by:
 (a) the Director‑General of Security; or
 (b) a Deputy Director‑General of Security; or
 (c) a senior position‑holder in relation to whom an authorisation is in force under subclause (4).
 (4) The Director‑General of Security may authorise in writing, for the purposes of subclause (3), senior position‑holders who, or classes of senior position‑holders who, are entitled under subclause (1) to make applications on the Organisation's behalf.

Attorney‑General's consent to the making of an application
 (5) The Organisation must not make an application under subclause (1) unless the Attorney‑General has consented to the making of the application.
 (6) The Attorney‑General must not consent to the making of an application under subclause (1) for an international production order that is in respect of a particular person unless the Attorney‑General is satisfied that:
 (a) there are reasonable grounds for suspecting that the person is engaged in, or is likely to engage in, activities prejudicial to security; and
 (b) information that would be likely to be obtained by making a copy, under an international production order issued in response to the application, of the stored communications covered by the application would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security.

Form of Attorney‑General's consent to the making of an application
 (7) Subject to subclause (8), a consent given by the Attorney‑General under subclause (5) must be in writing.
 (8) If the person who proposes to make an application under subclause (1) on the Organisation's behalf thinks it necessary, because of urgent circumstances, for the Attorney‑General to consent orally to the making of the application:
 (a) the person may request the Attorney‑General to consent orally to the making of the application; and
 (b) if the person makes such a request—the Attorney‑General may consent orally to the making of the application.
Note: See also clause 17A (urgent circumstances).
 (8A) At the same time as a request is made by a person under subclause (8), the person must inform the Attorney‑General of the particulars of the urgent circumstances because of which the person thought it necessary for the Attorney‑General to consent orally to the making of the application concerned.
 (9) If, in response to a request made by a person under subclause (8), the Attorney‑General consents orally to the making of an application, the