Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_111:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 111 (pt 1/2)
Character Range: 232888–235835

111  Giving of international production orders—relevant agency
 (1) If an international production order is issued under Part 2 or 3 of this Schedule:
 (a) the relevant agency that applied for the order must:
 (i) give the order, or a certified copy of the order, to the Australian Designated Authority; and
 (ii) do so as soon as practicable after the order is issued; and
 (b) the Australian Designated Authority must consider whether the order complies with the designated international agreement nominated in the application for the order; and
 (c) if the Australian Designated Authority is satisfied that the order complies with the designated international agreement nominated in the application for the order—the Australian Designated Authority must:
 (i) give the order, or the certified copy of the order, to the prescribed communications provider to whom the order is directed; and
 (ii) do so as soon as practicable after becoming so satisfied; and
 (d) if the Australian Designated Authority is not satisfied that the order complies with the designated international agreement nominated in the application for the order—the Australian Designated Authority must:
 (i) cancel the order; and
 (ii) return the order, or the certified copy of the order, to the agency; and
 (iii) give the agency such advice as the Australian Designated Authority considers appropriate in relation to compliance with the designated international agreement.
Note: See clause 171 (which deals with electronic service of documents).
 (2) For the purposes of this Schedule, if the Australian Designated Authority gives a certified copy of an international production order to a prescribed communications provider under subclause (1), the Australian Designated Authority is taken to have given the order to the prescribed communications provider under subclause (1).
 (3) An international production order issued under Part 2 or 3 of this Schedule comes into force when it is given to the prescribed communications provider to whom the order is directed.
 (4) For the purposes of this Schedule, if the Australian Designated Authority gives an international production order to a prescribed communications provider under subclause (1), the order is taken to invoke the designated international agreement nominated in the application for the order.
 (5) If the Australian Designated Authority gives an international production order to a prescribed communications provider under subclause (1), the Australian Designated Authority must notify the giving of the order to the relevant agency that applied for the order.
 (6) A cancellation under paragraph (1)(d) is to be set out in a written instrument.
 (7) If an international production order is issued under Part 2 or 3 of this Schedule, the relevant agency that applied for the order may give the Australian Designated Authority information that is likely to assist the Australian Designated Authority in making