Document ID: chunk:federal_register_of_legislation:F2024C01110:schedule:2:p2
Version: federal_register_of_legislation:F2024C01110
Segment Type: schedule
Provision Reference: sch 2 (pt 2/12)
Character Range: 182552–185532

pertaining to an electronic or wire communication or the storage or processing of computer data for a user; and Subscriber Information when sought pursuant to an Order that also seeks any of the other types of data referenced in this definition.

  5.       Covered Offense means conduct that, under the law of the Issuing Party, constitutes a Serious Crime, including terrorist activity.

  6.       Covered Person means a person who, upon application of the procedures required by Article 7.1, is reasonably believed not to be a Receiving‑Party Person at the time the Agreement is invoked for an Order pursuant to Article 5.

  7.       Covered Provider means any private entity to the extent that it: (i) provides to the public the ability to communicate, or to process or store computer data, by means of a Computer System or a telecommunications system; or (ii) processes or stores Covered Data on behalf of an entity defined in subparagraph (i).

  8.       Designated Authority means for Australia, the governmental entity designated by the Minister for Home Affairs, and for the United States, the Attorney General or a person designated by the Attorney General.

  9.       Issuing Party means the Party, including political subdivisions thereof, that issues the relevant Legal Process and, where applicable, invokes this Agreement. Where the United States is the Issuing Party, this includes Legal Process issued by federal, state, local, or territorial authorities within the United States. Where Australia is the Issuing Party, this includes Legal Process issued by Commonwealth, state or territory authorities within Australia.

  10.   Legal Process means Orders subject to this Agreement as well as process related to the preservation of Covered Data or to the preservation, disclosure, production or authentication of Subscriber Information.

  11.   Order means a legal instrument issued under the domestic law of the Issuing Party requiring the disclosure or production of Covered Data (including any requirement to authenticate such data) by a Covered Provider, including for stored or live communications.

  12.   Personal Data means information relating to an identified or identifiable individual.

  13.   Receiving‑Party Person means (i) any governmental entity, including a federal entity or an entity of a political subdivision thereof, of the Receiving Party; (ii) a citizen or national of the Receiving Party; (iii) a person lawfully admitted for permanent residence in the Receiving Party; (iv) an unincorporated association a substantial number of members of which fall into subparagraphs (ii) or (iii); (v) a corporation that is incorporated in the Receiving Party; or (vi) a person located in the territory of the Receiving Party.

  14.   Receiving Party means the Party, including political subdivisions thereof, other than the Issuing Party.

  15.   Serious Crime means an offense punishable by a maximum term of imprisonment of at least three