Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_83:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 83 (pt 1/3)
Character Range: 180814–183768

83  Application for international production order—national security
 (1) The Organisation may apply to a nominated AAT Security Division member for an international production order under clause 89 that:
 (a) is in respect of:
 (i) one or more individual transmission services; or
 (ii) one or more individual message/call application services; 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 one or more individual transmission services unless the Attorney‑General is satisfied that:
 (a) there are reasonable grounds for suspecting that those individual transmission services are being, or are likely to be:
 (i) used by a person engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or
 (ii) the means by which a person receives or sends a communication from or to another person who is engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or
 (iii) used for purposes prejudicial to security; and
 (b) information that would be likely to be obtained by intercepting, under an order issued in response to the application, communications that are being carried by those individual transmission services would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security.
 (7) 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 one or more individual message/call application services unless the Attorney‑General is satisfied that:
 (a) there are reasonable grounds for suspecting that those individual message/call application services are being, or are likely to be:
 (i) used by a person engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or
 (ii) the means by which a person receives or sends a message, or receives or