Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_69:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 69 (pt 1/3)
Character Range: 862198–865316

69  Issue of international production order—Part 5.3 supervisory order

Scope
  (1) This clause applies if a Part 5.3 IPO agency applies, under clause 63, to an issuing authority for an international production order that:
 (a) is in respect of a particular person (the relevant person); and
 (b) is directed to a prescribed communications provider.

Issue of international production order
 (2) If the issuing authority is satisfied, on the basis of the information given to the issuing authority under this Division in connection with the application, that:
 (a) a Part 5.3 supervisory order is in force in relation to the relevant person; and
 (b) there are reasonable grounds for suspecting that the prescribed communications provider holds any of the following stored communications:
 (i) stored communications that consist of communications that the relevant person has made using a telecommunications network owned or operated by the prescribed communications provider;
 (ii) stored communications that consist of communications that another person has made using a telecommunications network owned or operated by the prescribed communications provider, and for which the relevant person is the intended recipient;
 (iii) stored communications that consist of communications that the relevant person has made using a transmission service supplied by the prescribed communications provider;
 (iv) stored communications that consist of communications that another person has made using a transmission service supplied by the prescribed communications provider, and for which the relevant person is the intended recipient;
 (v) stored communications that consist of messages that the relevant person has sent or received using a message/call application service provided by the prescribed communications provider;
 (vi) stored communications that consist of recordings of voice calls that the relevant person has made or received using a message/call application service provided by the prescribed communications provider;
 (vii) stored communications that consist of recordings of video calls that the relevant person has made or received using a message/call application service provided by the prescribed communications provider;
 (viii) stored communications that consist of material that the relevant person has uploaded for storage or back‑up by a storage/back‑up service provided by the prescribed communications provider;
 (ix) stored communications that consist of material that the relevant person has posted to a general electronic content service provided by the prescribed communications provider; and
 (ba) the person who made the application on behalf of the agency reasonably suspects that the prescribed communications provider is based in, or operates in, a foreign country that is a party to the designated international agreement nominated in the application; and
 (c) Subdivision A has been complied with in relation to the application; and
 (d) in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and
 (e) information