Document ID: chunk:federal_register_of_legislation:F2024C01110:schedule:2:p7
Version: federal_register_of_legislation:F2024C01110
Segment Type: schedule
Provision Reference: sch 2 (pt 7/12)
Character Range: 196413–199556

4.            The Issuing Party's requirements as to the manner in which a Covered Provider responds to an Order may include that a Covered Provider complete forms that attest to the authenticity of records produced, or to the absence or non‑existence of such records, and that the Order and any information or evidence furnished in response be kept confidential.

     Article 7: Targeting and Minimization Procedures
    1.            Each Party shall adopt and implement appropriate targeting procedures, through which good‑faith, reasonable efforts shall be employed to establish that any Account targeted by an Order subject to this Agreement is used or controlled by a Covered Person.

    2.            Australia and the United States shall adopt and implement appropriate procedures to minimize the acquisition, retention and dissemination of information concerning U.S. Persons and Australian Persons respectively acquired pursuant to an Order subject to this Agreement, consistent with the need of the Parties to acquire, retain, and disseminate Covered Data relating to the prevention, detection, investigation, or prosecution of a Covered Offense.

    3.            The minimization procedures for information acquired pursuant to an Order subject to this Agreement shall include rules requiring Parties to segregate, seal, or delete, and not disseminate material found not to be information that is, or is necessary to understand or assess the importance of information that is, relevant to the prevention, detection, investigation, or prosecution of a Covered Offense, or necessary to protect against a threat of death or serious bodily harm to any person.

    4.            The minimization procedures shall include rules requiring Parties to promptly review material collected pursuant to an Order subject to this Agreement and store any unreviewed communications on a secure system accessible only to those persons trained in applicable procedures.

    5.            The minimization procedures shall include a provision stating that Australia must not disseminate to the United States the content of a communication of a U.S. Person acquired pursuant to an Order subject to this Agreement, unless the communication may be disseminated pursuant to the minimization procedures and relates to significant harm, or the threat thereof, to the United States or U.S. Persons, including crimes involving national security such as terrorism, significant violent crime, child exploitation, transnational organized crime, or significant financial fraud.

    6.            Each Party shall develop those targeting and minimization procedures it is required by this Article to adopt in consultation with and subject to the approval of the other Party, and shall seek the approval of the other Party for any changes in those procedures.

  Article 8: Preservation Process and Subscriber Information Process
    1.            The Issuing Party may issue and transmit Legal Process that solely seeks the preservation of Covered Data or the preservation, disclosure, production, or authentication of Subscriber Information directly to a