Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_48:p2
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 48 (pt 2/2)
Character Range: 113387–116006

clause, would be likely to assist in connection with the investigation by the enforcement agency of a serious category 1 offence, or serious category 1 offences;
the issuing authority may issue an order (to be known as an international production order) directing the prescribed communications provider to do either or both of the following:
 (e) so far as the telecommunications data is held by the prescribed communications provider when the international production order comes into force—disclose any such telecommunications data to the agency;
 (f) so far as the telecommunications data commences to be held by the prescribed communications provider during a specified period—disclose any such telecommunications data to the agency.

Period specified in international production order
 (3) A period specified in an international production order for the purposes of paragraph (2)(f) 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) A period specified in an international production order for the purposes of paragraph (2)(f) must not be longer than 90 days.

Matters to which issuing authority must have regard
 (5) In deciding whether to issue an international production order under subclause (2), the issuing authority 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 disclosing, under an international production order, the telecommunications data;
 (b) the gravity of the conduct constituting the serious category 1 offence or serious category 1 offences being investigated;
 (c) how much the telecommunications data would be likely to assist in connection with the investigation by the enforcement agency of the serious category 1 offence or serious category 1 offences;
 (d) to what extent methods of investigating the serious category 1 offence or serious category 1 offences that do not involve so disclosing the telecommunications data have been used by, or are available to, the enforcement agency;
 (e) how much the use of such methods would be likely to assist in connection with the investigation by the enforcement agency of the serious category 1 offence or serious category 1 offences;
 (f) how much the use of such methods would be likely to prejudice the investigation by the enforcement agency of the serious category 1 offence or serious category 1 offences, whether because of delay or for any other reason;
 (g)  such other matters (if any) as the issuing authority considers relevant.