Document ID: chunk:federal_register_of_legislation:C2023C00229:section:15b
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 15B
Character Range: 59024–60450

15B  Requests by foreign countries for stored communications
  The Attorney‑General may, in his or her discretion, authorise the Australian Federal Police or a police force or police service of a State, in writing, to apply for a stored communications warrant under section 110 of the Telecommunications (Interception and Access) Act 1979 if the Attorney‑General is satisfied that:
 (a) an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the requesting country) has commenced in the requesting country; and
 (b) the offence to which the investigation, or investigative proceeding, relates is punishable by a maximum penalty of:
 (i) imprisonment for 3 years or more, imprisonment for life or the death penalty; or
 (ii) a fine of an amount that is at least equivalent to 900 penalty units; and
 (c) there are reasonable grounds to believe that stored communications relevant to the investigation, or investigative proceeding, are held by a carrier; and
 (d) the requesting country has requested the Attorney‑General to arrange for access to the stored communications.
Note: Information obtained under the warrant may only be communicated to the requesting country on certain conditions: see subsection 142A(1) of the Telecommunications (Interception and Access) Act 1979.

Part IIIBA—Assistance in relation to use of surveillance devices