Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_107:p2
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 107 (pt 2/2)
Character Range: 933020–935682

or operates in, a foreign country that is a party to the designated international agreement nominated in the application; and
 (b) Subdivision A has been complied with in relation to the application; and
 (c) in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and
 (d) disclosing the telecommunications data to the Organisation, under an order issued under this clause, would be in connection with the performance by the Organisation of its functions;
the nominated ART Intelligence and Security member 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 Organisation;
 (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 Organisation.

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 112.
 (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 nominated ART Intelligence and Security member must have regard
 (5) In deciding whether to issue an international production order under subclause (2), the nominated ART Intelligence and Security member must have regard to the following matters:
 (a) to what extent methods of performing the Organisation's functions (so far as performing those functions relates to the relevant person) that are less intrusive than obtaining, under such an order, the telecommunications data have been used by, or are available to, the Organisation;
 (b) how much the use of such methods would be likely to assist the Organisation in performing its functions (so far as performing those functions relates to the relevant person);
 (c) how much the use of such methods would be likely to prejudice the Organisation in performing its functions (so far as performing those functions relates to the relevant person), whether because of delay or for any other reason;
 (d) such other matters (if any) as the nominated ART Intelligence and Security member considers relevant.