(a) the Australian Designated Authority (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); or

an APS employee in the Attorney-General’s Department (within the meaning of that Schedule);

(a) the relevant statistics about applications made by the Organisation under clause 83 of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 during the period; and

(b) the relevant statistics about applications made by the Organisation under clause 92 of that Schedule during the period; and

(c) the relevant statistics about applications made by the Organisation under clause 101 of that Schedule during the period; and

the number of international production orders issued under clause 89 of that Schedule that were given by the Australian Designated Authority to prescribed communications providers during the period; and

the number of international production orders issued under clause 98 of that Schedule that were given by the Australian Designated Authority to prescribed communications providers during the period; and

the number of international production orders issued under clause 107 of that Schedule that were given by the Australian Designated Authority to prescribed communications providers during the period; and

for each designated international agreement—the number of international production orders issued under Part 4 of that Schedule that:

were given by the Australian Designated Authority to prescribed communications providers during the period; and

invoked the designated international agreement; and

if subparagraph 89(2)(e)(ii) or (f)(ii) of that Schedule applied to one or more international production orders issued under clause 89 of that Schedule during the period—the number of those orders; and

the number of international production orders cancelled by the Australian Designated Authority under clause 112 of that Schedule during the period; and

the number of international production orders revoked by the Director-General of Security under clause 116 of that Schedule during the period; and

if one or more international production orders issued under Part 4 of that Schedule were cancelled by the Australian Designated Authority under clause 122 of that Schedule during the period—the number of those orders; and

if there were one or more occasions during the period when protected information obtained in accordance with an international production order issued under Part 4 of that Schedule was communicated by an ASIO official to a person other than an ASIO official—the number of those occasions; and

if one or more objections were received by the Australian Designated Authority under clause 121 of that Schedule during the period in relation to international production orders issued under Part 4 of that Schedule:

the number of international production orders to which those objections relate; and

the number of each type of those orders; and

for each designated international agreement—the number of those orders that invoked the designated international agreement.

the information is relevant to the Ombudsman’s functions or powers; and

the Inspector-General is satisfied on reasonable grounds that the Ombudsman has satisfactory arrangements in place for protecting the information.

(a) the information is relevant to the Australian Designated Authority’s functions or powers under Schedule 1 to the Telecommunications (Interception and Access) Act 1979; and

the Inspector-General is satisfied on reasonable grounds that the Australian Designated Authority has satisfactory arrangements in place for protecting the information.

the Australian Designated Authority; or

a person who:

is an APS employee in the Department administered by the Attorney-General; and

(ii) has duties relating to the functions or powers of the Australian Designated Authority under Schedule 1 to the Telecommunications (Interception and Access) Act 1979.

(a) protected information within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979; or

information relevant to the operation of that Schedule.

to commence, by the earlier of the following:

(i) the fifth anniversary of the day on which Schedule 1 to the Telecommunications (Interception and Access) Act 1979 commences;

the third anniversary of the day on which the first designated international agreement (within the meaning of that Schedule) enters into force for Australia;

the ICC has requested the material; and

the Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

(c) the material is or includes protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979) that:

was obtained in accordance with an international production order issued under Part 2 or 3 of that Schedule; or

relates to such an international production order; and

(d) if the material is or includes protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979) that:

was obtained in accordance with an international production order issued under clause 30 or 60 of that Schedule; or

relates to such an international production order;

the Attorney-General is satisfied that the material is lawfully in the possession of a law enforcement agency.

(a) is protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); and

either:

was obtained in accordance with an international production order issued under clause 30 or 60 of that Schedule; or

relates to such an international production order.

(a) is protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); and

either:

was obtained in accordance with an international production order issued under clause 39 or 69 of that Schedule; or

relates to such an international production order.

(a) is protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); and

either:

is telecommunications data obtained in accordance with an international production order; or

relates to an international production order that required the disclosure of telecommunications data.

the information is relevant to the functions or powers of the Inspector-General of Intelligence and Security; and

the Ombudsman is satisfied on reasonable grounds that the Inspector-General of Intelligence and Security has satisfactory arrangements in place for protecting the information.

(a) the information is relevant to the Australian Designated Authority’s functions or powers under Schedule 1 to the Telecommunications (Interception and Access) Act 1979; and

the Ombudsman is satisfied on reasonable grounds that the Australian Designated Authority has satisfactory arrangements in place for protecting the information.

the Australian Designated Authority; or

a person who:

is an APS employee in the Department administered by the Attorney-General; and

(ii) has duties relating to the functions or powers of the Australian Designated Authority under Schedule 1 to the Telecommunications (Interception and Access) Act 1979.

(a) protected information within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979; or

information relevant to the operation of that Schedule.

an act or thing done in compliance with an international production order (within the meaning of Schedule 1); or

an act or thing done in compliance with an international production order (within the meaning of Schedule 1); or

the issue under this Schedule of international production orders that are directed to prescribed communications providers;

in a case where a corresponding order is issued by a competent authority of a foreign country in accordance with a designated international agreement—the exemption of acts or things done in compliance with such an order from Commonwealth laws restricting interception or disclosure.

the investigation of an offence of a serious nature; or

the monitoring of a person subject to a control order, so as to protect the public from terrorist acts, prevent support for terrorist acts and hostile acts overseas and detect breaches of the control order; or

the carrying out by the Organisation of its functions.

international production orders relating to interception; and

international production orders relating to stored communications; and

international production orders relating to telecommunications data.

access that is subject to a pre-condition (for example, the use of a password); and

access by way of push technology; and

access by way of a standing request.

a free account; and

a pre-paid account; and

anything that may reasonably be regarded as the equivalent of an account.

the Director-General of Security; or

a Deputy Director-General of Security; or

an ASIO employee; or

an ASIO affiliate.

in relation to an international production order issued under clause 30—has the meaning given by clause 174; or

in relation to an international production order issued under clause 39—has the meaning given by clause 175; or

in relation to an international production order issued under clause 48—has the meaning given by clause 176; or

in relation to an international production order issued under clause 60—has the meaning given by subclause 177(2); or

in relation to an international production order issued under clause 69—has the meaning given by subclause 177(4); or

in relation to an international production order issued under clause 78—has the meaning given by subclause 177(6); or

in relation to an international production order issued under clause 89—has the meaning given by subclause 178(2); or

in relation to an international production order issued under clause 98—has the meaning given by subclause 178(4); or

in relation to an international production order issued under clause 107—has the meaning given by subclause 178(6).

record; or

live stream to a single destination.

the chief executive officer (however described) of the provider; or

any other individual who is involved in the management of the provider.

whether in the form of text; or

whether in the form of data; or

whether in the form of speech, music or other sounds; or

whether in the form of visual images (moving or otherwise); or

whether in the form of signals; or

whether in any other form; or

whether in any combination of forms.

the Secretary of the Attorney-General’s Department; or

an APS employee in that Department.

whether in the form of text; or

whether in the form of data; or

whether in the form of speech, music or other sounds; or

whether in the form of visual images (animated or otherwise); or

whether in the form of signals; or

whether in any other form; or

whether in any combination of forms.

a message application service; or

a voice call application service; or

a video call application service.

a network entity; or

a transmission service provider; or

a message/call application service provider; or

a storage/back-up service provider; or

a general electronic content service provider.

information obtained in accordance with an international production order; or

information about any of the following:

an application for an international production order;

the issue of an international production order;

the existence or non-existence of an international production order;

compliance or non-compliance with an international production order;

the revocation of an international production order;

the cancellation of an international production order.

an interception agency; or

a criminal law-enforcement agency; or

an enforcement agency; or

a control order IPO agency.

how many applications of that kind were made;

how many applications of that kind were withdrawn;

how many applications of that kind were refused;

how many international production orders were issued in response to applications of that kind.

an offence that is punishable by a maximum term of imprisonment of 3 years or more; or

an offence that is punishable by imprisonment for life.

a serious offence (see section 5D); or

an offence that is punishable by a maximum term of imprisonment of 7 years or more; or

an offence that is punishable by imprisonment for life.

a communication that:

has been carried by a transmission service; and

is not being carried by a transmission service; and

is held on equipment that is operated by, and is in the possession of, the transmission service provider who supplied the transmission service; or

a communication that:

has been carried by a transmission service; and

is not being carried by a transmission service; and

is held on equipment that is operated by, and is in the possession of, the network entity who owns or operates a telecommunications network used to supply the transmission service; or

a message that:

has been sent or received using a message/call application service provided by a message/call application service provider; and

is held on equipment that is operated by, and is in the possession of, the message/call application service provider; or

a recording of a voice call that:

has been made or received using a message/call application service provided by a message/call application service provider; and

is held on equipment that is operated by, and is in the possession of, the message/call application service provider; or

a recording of a video call that:

has been made or received using a message/call application service provided by a message/call application service provider; and

is held on equipment that is operated by, and is in the possession of, the message/call application service provider; or

material that:

has been uploaded by an end-user for storage or back-up by a storage/back-up service provided by a storage/back-up service provider; and

is held on equipment that is operated by, and is in the possession of, the storage/back-up service provider; or

material that:

is accessible to, or deliverable to, one or more of the end-users using a general electronic content service provided by a general electronic content service provider; and

is held on equipment that is operated by, and is in the possession of, the general electronic content service provider.

when used in relation to a communication carried by an individual transmission service—means information about the communication (other than information that is the contents or substance of the communication); or

when used in relation to an individual transmission service—means information about the individual transmission service; or

when used in relation to a message sent or received using an individual message/call application service—means information about the message (other than information that is the contents or substance of the message); or

when used in relation to a voice call made or received using an individual message/call application service—means information about the voice call (other than information that is the contents or substance of the voice call); or

when used in relation to a video call made or received using an individual message/call application service—means information about the video call (other than information that is the contents or substance of the video call); or

when used in relation to an individual message/call application service—means information about the individual message/call application service; or

when used in relation to material that has been uploaded by an end-user for storage or back-up by a storage/back-up service—means information about the material (other than information that is the content or substance of the material); or

when used in relation to an account that a person has with a storage/back-up service—means information relating to the account; or

when used in relation to material that has been posted on a general electronic content service—means information about the material (other than information that is the content or substance of the material); or

when used in relation to an account that a person has with a general electronic content service—means information relating to the account; or

when used otherwise than in relation to a matter or thing mentioned in any of the preceding paragraphs—means:

information about a communication carried by an individual transmission service (other than information that is the contents or substance of the communication); or

information about an individual transmission service; or

information about a message sent or received using an individual message/call application service (other than information that is the contents or substance of the message); or

information about a voice call made or received using an individual message/call application service (other than information that is the contents or substance of the voice call); or

information about a video call made or received using an individual message/call application service (other than information that is the contents or substance of the video call); or

information about an individual message/call application service; or

information about material that has been uploaded by an end-user for storage or back-up by a storage/back-up service (other than information that is the content or substance of the material); or

information relating to an account that a person has with a storage/back-up service; or

information about material that has been posted on a general electronic content service (other than information that is the content or substance of the material); or

information relating to an account that a person has with a general electronic content service.

the address or identifier used by a network entity or a transmission service provider for the purposes of:

directing a communication to its intended destination; or

identifying the origin of a communication; or

the address or identifier used by a message/call application service provider for the purposes of:

directing a message to its intended destination; or

identifying the origin of a message; or

the address or identifier used by a message/call application service provider for the purposes of:

directing a voice call to its intended destination; or

identifying the origin of a voice call; or

the address or identifier used by a message/call application service provider for the purposes of:

directing a video call to its intended destination; or

identifying the origin of a video call;

a telephone number; and

a unique identifier for a device (for example, an electronic serial number or a Media Access Control address); and

a user account identifier; and

an internet protocol address; and

an email address.

there is an agreement between Australia and a foreign country; and

a copy of the English text of the agreement is set out in the regulations; and

the agreement has entered into force for Australia and the foreign country;

if the agreement is affected by an amendment, where:

a copy of the English text of the amendment is set out in the regulations; and

the amendment has entered into force for Australia and the foreign country;

(e) if paragraph (d) does not apply—the agreement is a designated international agreement.

there is an agreement between Australia and a foreign country; and

the agreement deals with (among other things) the issue of orders (however described) by a competent authority (however described) of the foreign country;

there is an agreement between Australia and a foreign country; and

the agreement deals with (among other things) the issue of orders (however described) by a competent authority (however described) of the foreign country; and

one or more offences against the law of the foreign country are death penalty offences;

there is an agreement between Australia and 2 or more foreign countries; and

a copy of the English text of the agreement is set out in the regulations; and

the agreement has entered into force for Australia;

if the agreement is affected by an amendment, where:

a copy of the English text of the amendment is set out in the regulations; and

the amendment has entered into force for Australia;

(e) if paragraph (d) does not apply—the agreement is a designated international agreement.

there is an agreement between Australia and 2 or more foreign countries; and

the agreement deals with (among other things) the issue of orders (however described) by a competent authority (however described) of each of the foreign countries;

there is an agreement between Australia and 2 or more foreign countries; and

the agreement deals with (among other things) the issue of orders (however described) by a competent authority (however described) of each of the foreign countries; and

one or more offences against the law of one or more of those foreign countries are death penalty offences;

apart from this subclause, there is a designated international agreement between Australia and one or more foreign countries; and

one or more of those foreign countries are not recognised parties to the agreement;

requires an act or thing to be done in Australia; or

is directed to an individual who is physically present in Australia; or

is directed to a body corporate that is incorporated in Australia; or

is directed to a body established by or under a law of the Commonwealth, a State or a Territory.

(a) the notice must be given in that House within 15 sitting days of that House after the copy of the regulations was tabled in that House under Legislation Act 2003; andsection 38 of the

the resolution must be passed, in pursuance of the motion, within 15 sitting days of that House after the giving of that notice.

(a) notice of a motion to disallow the regulations is given in a House of the Parliament within 15 sitting days of that House after the copy of the regulations was tabled in that House under Legislation Act 2003; andsection 38 of the

at the end of 15 sitting days of that House after the giving of that notice of motion:

the notice has not been withdrawn and the motion has not been called on; or

the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;

there is an agreement between Australia and one or more foreign countries; and

the agreement deals with (among other things) the issue of orders (however described) by a competent authority (however described) of the foreign country, or each of the foreign countries, concerned.

a foreign country that is a party to the agreement; and

the agreement.

a foreign country that is a party to the agreement; and

the agreement;

the agreement is appropriate in the circumstances, having regard only to:

the foreign country’s respect for the rule of law; and

the foreign country’s respect for its obligations under international law relating to human rights; and

the following requirements are met in relation to orders (however described) issued by a competent authority (however described) of the foreign country:

the agreement provides that orders are to be issued in compliance with the law of the foreign country;

the agreement provides that orders may only be issued for the purposes of obtaining information relevant to the prevention, detection, investigation or prosecution of serious crime (as defined in the agreement);

the agreement provides that orders may not be issued for the purposes of investigating, prosecuting or punishing a person on account of the person’s political opinions;

the agreement, so far as it relates to orders, is appropriate in the circumstances, having regard only to the matters set out in subclause (5);

the agreement does not permit orders to be issued for the purposes of obtaining information about the communications of a person who is an Australian citizen or a permanent resident of Australia;

the agreement provides for limitations and safeguards relating to the use, handling and disclosure of information obtained in accordance with orders;

the agreement does not permit orders to be issued on behalf of another country;

the agreement does not impose obligations on the foreign country to share information it has obtained in accordance with orders with another country; and

if one or more offences against the law of the foreign country are death penalty offences (within the meaning of clause 3)—the Minister has received a written assurance from the government of the foreign country in accordance with subclause 3(2) or (5).

criteria for the issuing of orders; and

limitations on the scope and objects of orders; and

limits on the periods for which orders are in force;

give a copy of the certificate to the Chair of the Joint Standing Committee on Treaties; and

do so as soon as practicable after the certificate is issued.

an amendment of a designated international agreement;

an extension of the duration of a designated international agreement.

a service that allows end-users to access material using a transmission service; or

a service that delivers material to persons having equipment appropriate for receiving that material, where the delivery of the service is by means of a transmission service;

a message/call application service; or

a storage/back-up service; or

a service prescribed by the regulations.

the person is an end-user of the service; and

the person causes the material to be accessible to, or delivered to, one or more other end-users using the service.

a person uses a device; and

the device has software that automatically uploads material for storage or back-up by a storage/back-up service; and

as a result, material is automatically uploaded for storage or back-up by the storage/back-up service;

the provider is incorporated in the foreign country; or

the provider has its principal place of business in the foreign country.

the provider handles communications in the foreign country; or

the provider holds stored communications in the foreign country; or

the provider holds telecommunications data in the foreign country.

if the communication is addressed to an individual (either in the individual’s own capacity or in the capacity of an employee or agent of another person)—the individual; or

if the communication is addressed to a person who is not an individual—the person; or

if the communication is not addressed to a person—the person who has, or whose employee or agent has, control over the individual transmission service that was used to receive the communication.

in isolation; or

in conjunction with one or more other things.

by the person’s full name; or

by a name by which the person is commonly known; or

as the person to whom a particular individual transmission service is supplied; or

as the person to whom a particular individual message/call application service is provided; or

as the person who has a particular account with a prescribed communications provider; or

as the person who has a particular telephone number; or

as the person who has a particular email address; or

as the person who has a particular internet protocol address; or

as the person who has a device that has a particular unique identifier (for example, an electronic serial number or a Media Access Control address); or

by any other unique identifying factor that is applicable to the person.

Deputy President;

senior member (of any level);

member (of any level).

is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the ; and

has been so enrolled for not less than 5 years.

a person who is:

a judge of a court created by the Parliament; or

a magistrate;

a person who:

holds an appointment to the Administrative Appeals Tribunal as Deputy President, senior member (of any level) or member (of any level); and

is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and

has been so enrolled for at least 5 years.

a judge of a court created by the Parliament; or

a magistrate;

holds one of the following appointments to the Administrative Appeals Tribunal:

senior member (of any level);

member (of any level); and

is a member of the Security Division of the Administrative Appeals Tribunal;

is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the ; and

has been so enrolled for not less than 5 years.

the person ceases to hold an appointment of a kind set out in subclause (1); or

the person ceases to be a member of the Security Division of the Administrative Appeals Tribunal.

is the head of that Division; or

has been assigned to that Division.

an imminent risk of serious harm to a person or substantial damage to property exists; and

the order is necessary for the purpose of dealing with that risk; and

it is not practicable in the circumstances to make the application in writing.

the delay caused by making a written application may be prejudicial to security; and

it is not practicable in the circumstances to make the application in writing.

the delay caused by consenting in writing may be prejudicial to security; and

it is not practicable in the circumstances to consent in writing.

international production orders relating to interception; and

international production orders relating to stored communications; and

international production orders relating to telecommunications data.

in the case of an order relating to interception—an interception agency; or

in the case of an order relating to stored communications—a criminal-law enforcement agency; or

in the case of an order relating to telecommunications data—an enforcement agency.

is in respect of:

one or more individual transmission services; or

one or more individual message/call application services; and

is directed to a prescribed communications provider.

in the case of the Australian Federal Police—a member of the Australian Federal Police; or

in the case of the Australian Commission for Law Enforcement Integrity:

the Integrity Commissioner; or

an Assistant Integrity Commissioner; or

a staff member of the Australian Commission for Law Enforcement Integrity who is authorised in writing by the Integrity Commissioner for the purposes of this paragraph; or

in the case of the ACC:

the Chief Executive Officer of the ACC or an examiner; or

a member of a police force who is a member of the staff of the ACC; or

in the case of the Police Force of a State—an officer of that Police Force; or

in the case of the Crime Commission:

a member of the Crime Commission; or

a member of the staff of the Crime Commission; or

in the case of the Independent Commission Against Corruption—an officer of that Commission; or

in the case of the IBAC—an IBAC officer; or

in the case of the Crime and Corruption Commission—a commission officer (within the meaning of the Crime and Corruption Act); or

in the case of the Law Enforcement Conduct Commission:

the Chief Commissioner of the Commission; or

the Commissioner for Integrity of the Commission; or

an Assistant Commissioner of the Commission; or

a member of the staff of the Law Enforcement Conduct Commission; or

in the case of the Corruption and Crime Commission—an officer of the Corruption and Crime Commission; or

in the case of the Independent Commissioner Against Corruption:

the Independent Commissioner Against Corruption; or

the Deputy Commissioner referred to in section 9 of the Independent Commissioner Against Corruption Act; or

a member of the staff of the Independent Commissioner Against Corruption.

is the chief officer of the agency or a person in relation to whom an authorisation by the chief officer is in force under subclause (3); and

thinks it necessary, because of urgent circumstances, to make the application by telephone;

the name of the agency; and

the name of the person making the application on the agency’s behalf.

the number of previous applications (if any) for international production orders that the agency has made under clause 22 in relation to those individual transmission services;

the number of international production orders (if any) previously issued in response to such applications;

particulars of the use made by the agency of intercepted communications made available to the agency under such orders.

the number of previous applications (if any) for international production orders that the agency has made under clause 22 in relation to those individual message/call application services;

the number of international production orders (if any) previously issued in response to such applications;

particulars of the use made by the agency of intercepted messages, voice calls or video calls made available to the agency under such orders.

must include particulars of the urgent circumstances because of which the person making the application on the interception agency’s behalf thinks it necessary to make the application by telephone; and

must include each matter that, if the application had been made in writing, clause 24 or 25 would have required the application, or an affidavit accompanying it, to set out; and

must be given orally or in writing, as the eligible Judge or nominated AAT member directs.

must be given on oath if the application was made in writing; and

must be given orally or otherwise, as the eligible Judge or nominated AAT member directs.

one or more individual transmission services; or

one or more individual message/call application services.

in the case of an application for an international production order that is in respect of one or more individual transmission services—the matters mentioned in subparagraphs 30(5)(a)(i) to (vi);

in the case of an application for an international production order that is in respect of one or more individual message/call application services—the matters mentioned in subparagraphs 30(5)(b)(i) to (vi).

the person making the application for the international production order on the interception agency’s behalf; or

a person who, under clause 27, is required by the eligible Judge or nominated AAT member to give further information to the eligible Judge or nominated AAT member in connection with the application.

one or more individual transmission services; or

one or more individual message/call application services.

in the case of an application for an international production order that is in respect of one or more individual transmission services—the matters mentioned in subparagraphs 30(5)(a)(i) to (vi);

in the case of an application for an international production order that is in respect of one or more individual message/call application services—the matters mentioned in subparagraphs 30(5)(b)(i) to (vi).

the person making the application for the international production order on the interception agency’s behalf; or

a person who, under clause 27, is required by the eligible Judge or nominated AAT member to give further information to the eligible Judge or nominated AAT member in connection with the application.

is in respect of:

one or more individual transmission services; or

one or more individual message/call application services; and

is directed to a prescribed communications provider.

in the case of an application for an international production order that is in respect of one or more individual transmission services—there are reasonable grounds for suspecting that:

the prescribed communications provider owns or operates a telecommunications network that is, or is likely to be, used to supply those individual transmission services; or

the prescribed communications provider supplies those individual transmission services; and

in the case of an application for an international production order that is in respect of one or more individual message/call application services—there are reasonable grounds for suspecting that the prescribed communications provider provides those individual message/call application services; and

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

Subdivision A has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

in the case of an application for an international production order that is in respect of one or more individual transmission services—there are reasonable grounds for suspecting that a particular person is using, or is likely to use, those individual transmission services; and

in the case of an application for an international production order that is in respect of one or more individual message/call application services—there are reasonable grounds for suspecting that a particular person is using, or is likely to use, those individual message/call application services; and

in the case of an application for an international production order that is in respect of one or more individual transmission services—information that would be likely to be obtained by intercepting, under an order issued under this clause, communications that are being carried by those individual transmission services would be likely to assist in connection with the investigation by the interception agency of a serious category 2 offence, or serious category 2 offences, in which:

the particular person is involved; or

another person is involved with whom the particular person is likely to communicate using those individual transmission services; and

in the case of an application for an international production order that is in respect of one or more individual message/call application services—information that would be likely to be obtained by intercepting, under an order issued under this clause, messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services would be likely to assist in connection with the investigation by the interception agency of a serious category 2 offence, or serious category 2 offences, in which:

the particular person is involved; or

another person is involved with whom the particular person is likely to communicate using those individual message/call application services;

in the case of an application for an international production order that is in respect of one or more individual transmission services:

intercept communications carried by those individual transmission services during a specified period; and

make those intercepted communications available to the interception agency; and

disclose to the interception agency specified telecommunications data that relates to those intercepted communications; and

disclose to the interception agency specified telecommunications data that relates to those individual transmission services; or

in the case of an application for an international production order that is in respect of one or more individual message/call application services:

intercept messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services during a specified period; and

make those intercepted messages, voice calls or video calls available to the interception agency; and

disclose to the interception agency specified telecommunications data that relates to those intercepted messages, voice calls or video calls; and

disclose to the interception agency specified telecommunications data that relates to those individual message/call application services.

if subparagraph (2)(g)(ii) or (h)(ii) applies (as the case requires)—45 days; or

otherwise—90 days.

in the case of an application for an international production order that is in respect of one or more individual transmission services:

how much the privacy of any person or persons would be likely to be interfered with by intercepting, under an international production order, communications that are being carried by those individual transmission services; and

the gravity of the conduct constituting the serious category 2 offence or serious category 2 offences being investigated; and

how much the information mentioned in paragraph (2)(g) would be likely to assist in connection with the investigation by the interception agency of the serious category 2 offence or serious category 2 offences; and

to what extent methods of investigating the serious category 2 offence or serious category 2 offences that do not involve so intercepting communications have been used by, or are available to, the interception agency; and

how much the use of such methods would be likely to assist in connection with the investigation by the interception agency of the serious category 2 offence or serious category 2 offences; and

how much the use of such methods would be likely to prejudice the investigation by the interception agency of the serious category 2 offence or serious category 2 offences, whether because of delay or for any other reason; and

in relation to an application by an interception agency of Victoria—any submissions made by a Victorian PIM under clause 28 to the eligible Judge or nominated AAT member; and

in relation to an application by an interception agency of Queensland—any submissions made by a Queensland PIM under clause 29 to the eligible Judge or nominated AAT member; and

such other matters (if any) as the eligible Judge or nominated AAT member considers relevant;

in the case of an application for an international production order that is in respect of one or more individual message/call application services:

how much the privacy of any person or persons would be likely to be interfered with by intercepting, under an international production order, messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services; and

the gravity of the conduct constituting the serious category 2 offence or serious category 2 offences being investigated; and

how much the information mentioned in paragraph (2)(h) would be likely to assist in connection with the investigation by the interception agency of the serious category 2 offence or serious category 2 offences; and

to what extent methods of investigating the serious category 2 offence or serious category 2 offences that do not involve so intercepting messages, voice calls or video calls have been used by, or are available to, the interception agency; and

how much the use of such methods would be likely to assist in connection with the investigation by the interception agency of the serious category 2 offence or serious category 2 offences; and

how much the use of such methods would be likely to prejudice the investigation by the interception agency of the serious category 2 offence or serious category 2 offences, whether because of delay or for any other reason; and

in relation to an application by an interception agency of Victoria—any submissions made by a Victorian PIM under clause 28 to the eligible Judge or nominated AAT member; and

in relation to an application by an interception agency of Queensland—any submissions made by a Queensland PIM under clause 29 to the eligible Judge or nominated AAT member; and

such other matters (if any) as the eligible Judge or nominated AAT member considers relevant.

the interception agency has exhausted all other practicable methods of identifying the individual transmission services used, or likely to be used, by the person involved in the serious category 2 offence or serious category 2 offences mentioned in paragraph (2)(g); or

interception of communications carried by individual transmission services used or likely to be used by that person would not otherwise be possible.

the interception agency has exhausted all other practicable methods of identifying the individual message/call application services used, or likely to be used, by the person involved in the serious category 2 offence or serious category 2 offences mentioned in paragraph (2)(h); or

interception of messages sent or received, voice calls made or received, or video calls made or received, using individual message/call application services used or likely to be used by that person would not otherwise be possible.

the date on which the order was issued;

the name of the interception agency;

the name of the prescribed communications provider to whom the order is directed;

the name of the designated international agreement nominated in the application for the order;

the applicable telecommunications identifiers:

in the case of an order that is in respect of one or more individual transmission services—to which those individual transmission services relate; or

in the case of an order that is in respect of one or more individual message/call application services—to which those individual message/call application services relate;

short particulars of each serious category 2 offence in relation to which the eligible Judge or nominated AAT member issuing the order was satisfied, on the application for the order, as mentioned in paragraph 30(2)(g) or (h) of this Schedule (as the case requires).

intercept those communications in a specified way; and

make those intercepted communications available to the interception agency in a specified way.

require that intercepted communications be made available to the interception agency directly; or

require that intercepted communications be made available to the interception agency indirectly via the Australian Designated Authority.

intercept those messages, voice calls or video calls in a specified way; and

make those intercepted messages, voice calls or video calls available to the interception agency in a specified way.

require that intercepted messages, voice calls or video calls be made available to the interception agency directly; or

require that intercepted messages, voice calls or video calls be made available to the interception agency indirectly via the Australian Designated Authority.

require that the telecommunications data be disclosed to the interception agency directly; or

require that the telecommunications data be disclosed to the interception agency indirectly via the Australian Designated Authority.

(a) an international production order (the original order) was issued under clause 30; and

the original order was in respect of one or more individual transmission services; and

the original order was directed to a prescribed communications provider;

in respect of any or all of those services; and

directed to the provider;

(a) an international production order (the original order) was issued under clause 30; and

the original order was in respect of one or more individual message/call application services; and

the original order was directed to a prescribed communications provider;

in respect of any or all of those services; and

directed to the provider;

is in respect of a particular person; and

is directed to a prescribed communications provider.

if the agency is referred to in subclause 22(3)—a person referred to in that subclause in relation to the agency; or

otherwise:

the chief officer of the agency; or

an officer of the agency (by whatever name called) who holds, or is acting in, an office or position in the agency nominated under subclause (4).

is the chief officer of the agency or a person in relation to whom an authorisation by the chief officer is in force under subclause (3); and

thinks it necessary, because of urgent circumstances, to make the application by telephone.

the name of the criminal law-enforcement agency; and

the name of the person making the application on the agency’s behalf.

must include particulars of the urgent circumstances because of which the person making the application on the criminal law-enforcement agency’s behalf thinks it necessary to make the application by telephone; and

must include each matter that, if the application had been made in writing, clause 35 or 36 would have required the application, or an affidavit accompanying it, to set out; and

must be given orally or in writing, as the issuing authority directs.

must be given on oath if the application was made in writing; and

must be given orally or otherwise, as the issuing authority directs.

(a) is in respect of a particular person (the relevant person); and

is directed to a prescribed communications provider.

there are reasonable grounds for suspecting that the prescribed communications provider holds any of the following stored communications:

stored communications that consist of communications that the relevant person has made using a telecommunications network owned or operated by the prescribed communications provider;

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;

stored communications that consist of communications that the relevant person has made using a transmission service supplied by the prescribed communications provider;

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;

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;

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;

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;

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;

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

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

Subdivision A has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

information that would be likely to be obtained by making a copy, under an order issued under this clause, of the stored communications would be likely to assist in connection with the investigation by the criminal law-enforcement agency of a serious category 1 offence, or serious category 1 offences, in which the relevant person is involved;

make a copy of any such stored communications; and

make the copy available to the criminal law-enforcement agency; and

if the stored communications consist of communications carried by an individual transmission service—disclose to the agency:

specified telecommunications data that relates to those communications; and

specified telecommunications data that relates to the individual transmission service; and

if the stored communications consist of messages sent or received using an individual message/call application service—disclose to the agency:

specified telecommunications data that relates to those messages; and

specified telecommunications data that relates to the individual message/call application service; and

if the stored communications consist of recordings of voice calls made or received using an individual message/call application service—disclose to the agency:

specified telecommunications data that relates to those voice calls; and

specified telecommunications data that relates to the individual message/call application service; and

if the stored communications consist of recordings of video calls made or received using an individual message/call application service—disclose to the agency:

specified telecommunications data that relates to those video calls; and

specified telecommunications data that relates to the individual message/call application service; and

if the stored communications consist of material that has been uploaded by an end-user for storage or back-up by a storage/back-up service—disclose to the agency:

specified telecommunications data that relates to that material; and

specified telecommunications data that relates to the end-user’s account with the storage/back-up service; and

if the stored communications consist of material posted to a general electronic content service by an end-user—disclose to the agency:

specified telecommunications data that relates to that material; and

specified telecommunications data that relates to the end-user’s account with the general electronic content service.

how much the privacy of any person or persons would be likely to be interfered with by the criminal law-enforcement agency obtaining, under an international production order, a copy of the stored communications;

the gravity of the conduct constituting the serious category 1 offence or serious category 1 offences being investigated;

how much the information mentioned in paragraph (2)(d) would be likely to assist in connection with the investigation by the criminal law-enforcement agency of the serious category 1 offence or serious category 1 offences;

to what extent methods of investigating the serious category 1 offence or serious category 1 offences that do not involve so obtaining a copy of the stored communications have been used by, or are available to, the criminal law-enforcement agency;

how much the use of such methods would be likely to assist in connection with the investigation by the criminal law-enforcement agency of the serious category 1 offence or serious category 1 offences;

how much the use of such methods would be likely to prejudice the investigation by the criminal law-enforcement agency of the serious category 1 offence or serious category 1 offences, whether because of delay or for any other reason;

such other matters (if any) as the issuing authority considers relevant.

the date on which the order was issued;

the name of the criminal law-enforcement agency;

the name of the prescribed communications provider to whom the order is directed;

the name of the designated international agreement nominated in the application for the order;

short particulars of each serious category 1 offence in relation to which the issuing authority issuing the order was satisfied, on the application for the order, as mentioned in paragraph 39(2)(d) of this Schedule.

require that a copy of stored communications be made available to the criminal law-enforcement agency directly; or

require that a copy of stored communications be made available to the criminal law-enforcement agency indirectly via the Australian Designated Authority.

require that the telecommunications data be disclosed to the criminal law-enforcement agency directly; or

require that the telecommunications data be disclosed to the criminal law-enforcement agency indirectly via the Australian Designated Authority.

(a) an international production order (the original order) was issued under clause 39; and

the original order was in respect of a particular person; and

the original order was directed to a prescribed communications provider;

is in respect of the person; and

is directed to the provider.

is the chief officer of the agency or a person in relation to whom an authorisation by the chief officer is in force under subclause (3); and

thinks it necessary, because of urgent circumstances, to make the application by telephone.

the name of the enforcement agency; and

the name of the person making the application on the agency’s behalf.

must include particulars of the urgent circumstances because of which the person making the application on the enforcement agency’s behalf thinks it necessary to make the application by telephone; and

must include each matter that, if the application had been made in writing, clause 44 or 45 would have required the application, or an affidavit accompanying it, to set out; and

must be given orally or in writing, as the issuing authority directs.

must be given on oath if the application was made in writing; and

must be given orally or otherwise, as the issuing authority directs.

there are reasonable grounds for suspecting that the prescribed communications provider holds, or is likely to commence to hold, any of the following telecommunications data:

telecommunications data that relates to communications carried by an individual transmission service supplied using a telecommunications network owned or operated by the prescribed communications provider;

telecommunications data that relates to an individual transmission service supplied using a telecommunications network owned or operated by the prescribed communications provider;

telecommunications data that relates to communications carried by an individual transmission service supplied by the prescribed communications provider;

telecommunications data that relates to an individual transmission service supplied by the prescribed communications provider;

telecommunications data that relates to messages sent or received using an individual message/call application service provided by the prescribed communications provider;

telecommunications data that relates to voice calls made or received using an individual message/call application service provided by the prescribed communications provider;

telecommunications data that relates to video calls made or received using an individual message/call application service provided by the prescribed communications provider;

telecommunications data that relates to an individual message/call application service provided by the prescribed communications provider;

telecommunications data that relates to material that has been uploaded by an end-user for storage or back-up by a storage/back-up service provided by the prescribed communications provider;

telecommunications data that relates to material that has been posted on a general electronic content service provided by the prescribed communications provider; and

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

Subdivision A has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

disclosing the telecommunications data to the enforcement agency, under an order issued under this clause, would be likely to assist in connection with the investigation by the enforcement agency of a serious category 1 offence, or serious category 1 offences;

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 agency;

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 agency.

how much the privacy of any person or persons would be likely to be interfered with by disclosing, under an international production order, the telecommunications data;

the gravity of the conduct constituting the serious category 1 offence or serious category 1 offences being investigated;

how much the telecommunications data would be likely to assist in connection with the investigation by the enforcement agency of the serious category 1 offence or serious category 1 offences;

to what extent methods of investigating the serious category 1 offence or serious category 1 offences that do not involve so disclosing the telecommunications data have been used by, or are available to, the enforcement agency;

how much the use of such methods would be likely to assist in connection with the investigation by the enforcement agency of the serious category 1 offence or serious category 1 offences;

how much the use of such methods would be likely to prejudice the investigation by the enforcement agency of the serious category 1 offence or serious category 1 offences, whether because of delay or for any other reason;

such other matters (if any) as the issuing authority considers relevant.

the date on which the order was issued;

the name of the enforcement agency;

the name of the prescribed communications provider to whom the order is directed;

the name of the designated international agreement nominated in the application for the order;

short particulars of each serious category 1 offence in relation to which the issuing authority issuing the order was satisfied, on the application for the order, as mentioned in paragraph 48(2)(d) of this Schedule.

require that the telecommunications data be disclosed to the enforcement agency directly; or

require that the telecommunications data be disclosed to the enforcement agency indirectly via the Australian Designated Authority.

(a) an international production order (the original order) was issued under clause 48; and

the original order was directed to a prescribed communications provider; and

the original order relates to the investigation by an enforcement agency of a serious category 1 offence, or serious category 1 offences;

is directed to the provider; and

relates to the investigation by the enforcement agency of that offence or those offences.

international production orders relating to interception; and

international production orders relating to stored communications; and

international production orders relating to telecommunications data.

is in respect of:

one or more individual transmission services; or

one or more individual message/call application services; and

is directed to a prescribed communications provider.

if the agency is referred to in subclause 22(3)—a person referred to in that subclause in relation to the agency; or

otherwise:

the chief officer of the agency; or

an officer of the agency (by whatever name called) who holds, or is acting in, an office or position in the agency nominated under subclause (4).

is the chief officer of the agency or a person in relation to whom an authorisation by the chief officer is in force under subclause (3); and

thinks it necessary, because of urgent circumstances, to make the application by telephone;

the name of the agency; and

the name of the person making the application on the agency’s behalf.

the number of previous applications (if any) for international production orders that the agency has made under clause 52 in relation to those individual transmission services;

the number of international production orders (if any) previously issued in response to such applications;

particulars of the use made by the agency of intercepted communications made available to the agency under such orders.

the number of previous applications (if any) for international production orders that the agency has made under clause 52 in relation to those individual message/call application services;

the number of international production orders (if any) previously issued in response to such applications;

particulars of the use made by the agency of intercepted messages, voice calls or video calls made available to the agency under such orders.

must include particulars of the urgent circumstances because of which the person making the application on the control order IPO agency’s behalf thinks it necessary to make the application by telephone; and

must include each matter that, if the application had been made in writing, clause 54 or 55 would have required the application, or an affidavit accompanying it, to set out; and

must be given orally or in writing, as the eligible Judge or nominated AAT member directs.

must be given on oath if the application was made in writing; and

must be given orally or otherwise, as the eligible Judge or nominated AAT member directs.

one or more individual transmission services; or

one or more individual message/call application services.

in the case of an application for an international production order that is in respect of one or more individual transmission services—the matters mentioned in paragraphs 60(5)(a) to (g);

in the case of an application for an international production order that is in respect of one or more individual message/call application services—the matters mentioned in paragraphs 60(6)(a) to (g).

the person making the application for the international production order on the control order IPO agency’s behalf; or

a person who, under clause 57, is required by the eligible Judge or nominated AAT member to give further information to the eligible Judge or nominated AAT member in connection with the application.

one or more individual transmission services; or

one or more individual message/call application services.

in the case of an application for an international production order that is in respect of one or more individual transmission services—the matters mentioned in paragraphs 60(5)(a) to (g);

in the case of an application for an international production order that is in respect of one or more individual message/call application services—the matters mentioned in paragraphs 60(6)(a) to (g).

the person making the application for the international production order on the control order IPO agency’s behalf; or

a person who, under clause 57, is required by the eligible Judge or nominated AAT member to give further information to the eligible Judge or nominated AAT member in connection with the application.

is in respect of:

one or more individual transmission services; or

one or more individual message/call application services; and

is directed to a prescribed communications provider.

in the case of an application for an international production order that is in respect of one or more individual transmission services—there are reasonable grounds for suspecting that:

the prescribed communications provider owns or operates a telecommunications network that is, or is likely to be, used to supply those individual transmission services; or

the prescribed communications provider supplies those individual transmission services; and

in the case of an application for an international production order that is in respect of one or more individual message/call application services—there are reasonable grounds for suspecting that the prescribed communications provider provides those individual message/call application services; and

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

Subdivision A has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

in the case of an application for an international production order that is in respect of one or more individual transmission services—there are reasonable grounds for suspecting that a particular person is using, or is likely to use, those individual transmission services; and

in the case of an application for an international production order that is in respect of one or more individual message/call application services—there are reasonable grounds for suspecting that a particular person is using, or is likely to use, those individual message/call application services; and

in the case of an application for an international production order that is in respect of one or more individual transmission services:

a control order is in force in relation to the particular person; or

a control order is in force in relation to another person, and the particular person is likely to communicate with the other person using those individual transmission services; and

in the case of an application for an international production order that is in respect of one or more individual message/call application services:

a control order is in force in relation to the particular person; or

a control order is in force in relation to another person, and the particular person is likely to communicate with the other person using those individual message/call application services; and

in the case of an application for an international production order that is in respect of one or more individual transmission services—information that would be likely to be obtained by intercepting, under an order issued under this clause, communications that are being carried by those individual transmission services would be likely to substantially assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with; and

in the case of an application for an international production order that is in respect of one or more individual message/call application services—information that would be likely to be obtained by intercepting, under an order issued under this clause, messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services would be likely to substantially assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

in the case of an application for an international production order that is in respect of one or more individual transmission services:

intercept communications carried by those individual transmission services during a specified period; and

make those intercepted communications available to the control order IPO agency; and

disclose to the control order IPO agency specified telecommunications data that relates to those intercepted communications; and

disclose to the control order IPO agency specified telecommunications data that relates to those individual transmission services; or

in the case of an application for an international production order that is in respect of one or more individual message/call application services:

intercept messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services during a specified period; and

make those intercepted messages, voice calls or video calls available to the control order IPO agency; and

disclose to the control order IPO agency specified telecommunications data that relates to those intercepted messages, voice calls or video calls; and

disclose to the control order IPO agency specified telecommunications data that relates to those individual message/call application services.

if subparagraph (2)(g)(ii) or (h)(ii) applies (as the case requires)—45 days; or

otherwise—90 days.

how much the privacy of any person or persons would be likely to be interfered with by intercepting, under an international production order, communications that are being carried by those individual transmission services;

how much the information referred to in paragraph (2)(i) would be likely to assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

to what extent methods for:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

how much the use of such methods would be likely to assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

how much the use of such methods would be likely to prejudice:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

whether intercepting, under an international production order, communications carried by those individual transmission services would be the method that is likely to have the least interference with any person’s privacy;

the possibility that the person in relation to whom the control order is in force:

has engaged, is engaging, or will engage, in a terrorist act; or

has provided, is providing, or will provide, support for a terrorist act; or

has facilitated, is facilitating, or will facilitate, a terrorist act; or

has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or

has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; or

has contravened, is contravening, or will contravene, the control order; or

will contravene a succeeding control order;

in relation to an application by a control order IPO agency of Victoria—any submissions made by a Victorian PIM under clause 58 to the eligible Judge or nominated AAT member;

in relation to an application by a control order IPO agency of Queensland—any submissions made by a Queensland PIM under clause 59 to the eligible Judge or nominated AAT member;

such other matters (if any) as the eligible Judge or nominated AAT member considers relevant.

how much the privacy of any person or persons would be likely to be interfered with by intercepting, under an international production order, messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services;

how much the information referred to in paragraph (2)(j) would be likely to assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

to what extent methods for:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

how much the use of such methods would be likely to assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

how much the use of such methods would be likely to prejudice:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

whether intercepting, under an international production order, messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services would be the method that is likely to have the least interference with any person’s privacy;

the possibility that the person in relation to whom the control order is in force:

has engaged, is engaging, or will engage, in a terrorist act; or

has provided, is providing, or will provide, support for a terrorist act; or

has facilitated, is facilitating, or will facilitate, a terrorist act; or

has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or

has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; or

has contravened, is contravening, or will contravene, the control order; or

will contravene a succeeding control order;

in relation to an application by a control order IPO agency of Victoria—any submissions made by a Victorian PIM under clause 58 to the eligible Judge or nominated AAT member; and

in relation to an application by a control order IPO agency of Queensland—any submissions made by a Queensland PIM under clause 59 to the eligible Judge or nominated AAT member;

such other matters (if any) as the eligible Judge or nominated AAT member considers relevant.

the control order IPO agency has exhausted all other practicable methods of identifying the individual transmission services used, or likely to be used, by the person to whom the control order referred to in subparagraph (2)(g)(ii) relates; or

interception of communications carried by individual transmission services used or likely to be used by that person would not otherwise be possible.

the control order IPO agency has exhausted all other practicable methods of identifying the individual message/call application services used, or likely to be used, by the person the person to whom the control order referred to in subparagraph (2)(h)(ii) relates; or

interception of messages sent or received, voice calls made or received, or video calls made or received, using individual message/call application services used or likely to be used by that person would not otherwise be possible.

the date on which the order was issued;

the name of the control order IPO agency;

the name of the prescribed communications provider to whom the order is directed;

the name of the designated international agreement nominated in the application for the order;

the applicable telecommunications identifiers:

in the case of an order that is in respect of one or more individual transmission services—to which those individual transmission services relate; or

in the case of an order that is in respect of one or more individual message/call application services—to which those individual message/call application services relate;

a statement to the effect that the order is issued on the basis of a control order made in relation to a person;

the name of the person;

either:

a statement to the effect that the control order is an interim control order; or

a statement to the effect that the control order is a confirmed control order.

intercept those communications in a specified way; and

make those intercepted communications available to the control order IPO agency in a specified way.

require that intercepted communications be made available to the control order IPO agency directly; or

require that intercepted communications be made available to the control order IPO agency indirectly via the Australian Designated Authority.

intercept those messages, voice calls or video calls in a specified way; and

make those intercepted messages, voice calls or video calls available to the control order IPO agency in a specified way.

require that intercepted messages, voice calls or video calls be made available to the control order IPO agency directly; or

require that intercepted messages, voice calls or video calls be made available to the control order IPO agency indirectly via the Australian Designated Authority.

require that the telecommunications data be disclosed to the control order IPO agency directly; or

require that the telecommunications data be disclosed to the control order IPO agency indirectly via the Australian Designated Authority.

(a) an international production order (the original order) was issued under clause 60; and

the original order was in respect of one or more individual transmission services; and

the original order was directed to a prescribed communications provider;

in respect of any or all of those services; and

directed to the provider;

(a) an international production order (the original order) was issued under clause 60; and

the original order was in respect of one or more individual message/call application services; and

the original order was directed to a prescribed communications provider;

in respect of any or all of those services; and

directed to the provider;

is in respect of a particular person; and

is directed to a prescribed communications provider.

if the agency is referred to in subclause 22(3)—a person referred to in that subclause in relation to the agency; or

otherwise:

the chief officer of the agency; or

an officer of the agency (by whatever name called) who holds, or is acting in, an office or position in the agency nominated under subclause (4).

is the chief officer of the agency or a person in relation to whom an authorisation by the chief officer is in force under subclause (3); and

thinks it necessary, because of urgent circumstances, to make the application by telephone.

the name of the control order IPO agency; and

the name of the person making the application on the agency’s behalf.

must include particulars of the urgent circumstances because of which the person making the application on the control order IPO agency’s behalf thinks it necessary to make the application by telephone; and

must include each matter that, if the application had been made in writing, clause 65 or 66 would have required the application, or an affidavit accompanying it, to set out; and

must be given orally or in writing, as the issuing authority directs.

must be given on oath if the application was made in writing; and

must be given orally or otherwise, as the issuing authority directs.

(a) is in respect of a particular person (the relevant person); and

is directed to a prescribed communications provider.

a control order is in force in relation to the relevant person; and

there are reasonable grounds for suspecting that the prescribed communications provider holds any of the following stored communications:

stored communications that consist of communications that the relevant person has made using a telecommunications network owned or operated by the prescribed communications provider;

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;

stored communications that consist of communications that the relevant person has made using a transmission service supplied by the prescribed communications provider;

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;

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;

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;

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;

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;

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

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

Subdivision A has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

information that would be likely to be obtained by making a copy, under an order issued under this clause, of the stored communications would be likely to substantially assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order has been, or is being, complied with;

make a copy of any such stored communications; and

make the copy available to the control order IPO agency; and

if the stored communications consist of communications carried by an individual transmission service—disclose to the agency:

specified telecommunications data that relates to those communications; and

specified telecommunications data that relates to the individual transmission service; and

if the stored communications consist of messages sent or received using an individual message/call application service—disclose to the agency:

specified telecommunications data that relates to those messages; and

specified telecommunications data that relates to the individual message/call application service; or

if the stored communications consist of recordings of voice calls made or received using an individual message/call application service—disclose to the agency:

specified telecommunications data that relates to those voice calls; and

specified telecommunications data that relates to the individual message/call application service; and

if the stored communications consist of recordings of video calls made or received using an individual message/call application service—disclose to the agency:

specified telecommunications data that relates to those video calls; and

specified telecommunications data that relates to the individual message/call application service; and

if the stored communications consist of material that has been uploaded by an end-user for storage or back-up by a storage/back-up service—disclose to the agency:

specified telecommunications data that relates to that material; and

specified telecommunications data that relates to the end-user’s account with the storage/back-up service; and

if the stored communications consist of material posted to a general electronic content service by an end-user—disclose to the agency:

specified telecommunications data that relates to that material; and

specified telecommunications data that relates to the end-user’s account with the general electronic content service.

how much the privacy of any person or persons would be likely to be interfered with by the control order IPO agency obtaining, under an international production order, a copy of the stored communications;

how much the information mentioned in paragraph (2)(e) would be likely to assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order has been, or is being, complied with;

to what extent methods for:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order has been, or is being, complied with;

how much the use of such methods would be likely to assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order has been, or is being, complied with;

how much the use of such methods would be likely to prejudice:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order has been, or is being, complied with;

such other matters (if any) as the issuing authority considers relevant.

the date on which the order was issued;

the name of the control order IPO agency;

the name of the prescribed communications provider to whom the order is directed;

the name of the designated international agreement nominated in the application for the order;

a statement to the effect that the order is issued on the basis of a control order made in relation to a person;

the name of the person;

either:

a statement to the effect that the control order is an interim control order; or

a statement to the effect that the control order is a confirmed control order.

require that a copy of stored communications be made available to the control order IPO agency directly; or

require that a copy of stored communications be made available to the control order IPO agency indirectly via the Australian Designated Authority.

require that the telecommunications data be disclosed to the control order IPO agency directly; or

require that the telecommunications data be disclosed to the control order IPO agency indirectly via the Australian Designated Authority.

(a) an international production order (the original order) was issued under clause 69; and

the original order was in respect of a particular person; and

the original order was directed to a prescribed communications provider;

is in respect of the person; and

is directed to the provider.

is in respect of a particular person; and

is directed to a prescribed communications provider.

is the chief officer of the agency or a person in relation to whom an authorisation by the chief officer is in force under subclause (3); and

thinks it necessary, because of urgent circumstances, to make the application by telephone.

the name of the control order IPO agency; and

the name of the person making the application on the agency’s behalf.

must include particulars of the urgent circumstances because of which the person making the application on the control order IPO agency’s behalf thinks it necessary to make the application by telephone; and

must include each matter that, if the application had been made in writing, clause 74 or 75 would have required the application, or an affidavit accompanying it, to set out; and

must be given orally or in writing, as the issuing authority directs.

must be given on oath if the application was made in writing; and

must be given orally or otherwise, as the issuing authority directs.

(a) is in respect of a particular person (the relevant person); and

is directed to a prescribed communications provider.

a control order is in force in relation to the relevant person; and

there are reasonable grounds for suspecting that the prescribed communications provider holds, or is likely to commence to hold, any of the following telecommunications data:

telecommunications data that relates to communications that the relevant person has made using an individual transmission service supplied by the prescribed communications provider;

telecommunications data that relates to an individual transmission service supplied using a telecommunications network owned or operated by the prescribed communications provider, where the individual transmission service is used, or is likely to be used, by the relevant person;

telecommunications data that relates to an individual transmission service supplied by the prescribed communications provider, where the individual transmission service is used, or is likely to be used, by the relevant person;

telecommunications data that relates to messages sent or received by the relevant person using an individual message/call application service provided by the prescribed communications provider;

telecommunications data that relates to voice calls made or received by the relevant person using an individual message/call application service provided by the prescribed communications provider;

telecommunications data that relates to video calls made or received by the relevant person using an individual message/call application service provided by the prescribed communications provider;

telecommunications data that relates to an individual message/call application service provided by the prescribed communications provider, where the individual message/call application service is used, or is likely to be used, by the relevant person;

telecommunications data that relates to material that has been uploaded by the relevant person for storage or back-up by a storage/back-up service provided by the prescribed communications provider;

telecommunications data that relates to material that has been posted by the relevant person on a general electronic content service provided by the prescribed communications provider; and

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

Subdivision A has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

disclosing the telecommunications data to the agency, under an order issued under this clause, would be likely to substantially assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

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 agency;

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 agency.

how much the privacy of any person or persons would be likely to be interfered with by obtaining, under an international production order, the telecommunications data;

how much the telecommunications data would be likely to assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

to what extent methods for:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

how much the use of such methods would be likely to assist in connection with:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

how much the use of such methods would be likely to prejudice:

the protection of the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with;

such other matters (if any) as the issuing authority considers relevant.

the date on which the order was issued;

the name of the control order IPO agency;

the name of the prescribed communications provider to whom the order is directed;

the name of the designated international agreement nominated in the application for the order;

a statement to the effect that the order is issued on the basis of a control order made in relation to a person;

the name of the person;

either:

a statement to the effect that the control order is an interim control order; or

a statement to the effect that the control order is a confirmed control order.

require that the telecommunications data be disclosed to the control order IPO agency directly; or

require that the telecommunications data be disclosed to the control order IPO agency indirectly via the Australian Designated Authority.

(a) an international production order (the original order) was issued under clause 78; and

the original order was in respect of a particular person; and

the original order was directed to a prescribed communications provider;

is in respect of the person; and

is directed to the provider.

notify the Ombudsman that the order has been issued; and

give to the Ombudsman a copy of the order.

notify the Ombudsman of the contravention; and

do so as soon as practicable after the contravention.

international production orders relating to interception; and

international production orders relating to stored communications; and

international production orders relating to telecommunications data.

is in respect of:

one or more individual transmission services; or

one or more individual message/call application services; and

is directed to a prescribed communications provider.

the Director-General of Security; or

a Deputy Director-General of Security; or

a senior position-holder in relation to whom an authorisation is in force under subclause (4).

there are reasonable grounds for suspecting that those individual transmission services are being, or are likely to be:

used by a person engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or

the means by which a person receives or sends a communication from or to another person who is engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or

used for purposes prejudicial to security; and

information that would be likely to be obtained by intercepting, under an order issued in response to the application, communications that are being carried by those individual transmission services would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security.

there are reasonable grounds for suspecting that those individual message/call application services are being, or are likely to be:

used by a person engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or

the means by which a person receives or sends a message, or receives or makes a voice call or video call, from or to another person who is engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or

used for purposes prejudicial to security; and

information that would be likely to be obtained by intercepting, under an order issued in response to the application, messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security.

the person may request the Attorney-General to consent orally to the making of the application; and

if the person makes such a request—the Attorney-General may consent orally to the making of the application.

give the Attorney-General a written report that sets out:

particulars of the urgent circumstances because of which the person thought it necessary for the Attorney-General to consent orally; and

whether the application was granted, withdrawn or refused; and

do so within 3 working days after the day on which the application was granted, withdrawn or refused.

give the Inspector-General of Intelligence and Security a copy of the relevant report under subclause (10); and

do so within 3 working days after the day on which the application was granted, withdrawn or refused.

a statement to the effect that the application is made by the Organisation; and

the name of the person making the application on the Organisation’s behalf.

the number of previous applications (if any) for international production orders that the Organisation has made under clause 83 in relation to those individual transmission services;

the number of international production orders (if any) previously issued in response to such applications;

particulars of the use made by the Organisation of intercepted communications made available to the Organisation under such orders.

the number of previous applications (if any) for international production orders that the Organisation has made under clause 83 in relation to those individual message/call application services;

the number of international production orders (if any) previously issued in response to such applications;

particulars of the use made by the Organisation of intercepted messages, voice calls or video calls made available to the Organisation under such orders.

must include particulars of the urgent circumstances because of which the person making the application on the Organisation’s behalf thinks it necessary to make the application by telephone; and

must include each matter that, if the application had been made in writing, clause 85 or 86 would have required the application, or an affidavit accompanying it, to set out; and

must be given orally or in writing, as the nominated AAT Security Division member directs.

must be given on oath if the application was made in writing; and

must be given orally or otherwise, as the nominated AAT Security Division member directs.

is in respect of:

one or more individual transmission services; or

one or more individual message/call application services; and

is directed to a prescribed communications provider.

in the case of an application for an international production order that is in respect of one or more individual transmission services—there are reasonable grounds for suspecting that:

the prescribed communications provider owns or operates a telecommunications network that is, or is likely to be, used to supply those individual transmission services; or

the prescribed communications provider supplies those individual transmission services; and

in the case of an application for an international production order that is in respect of one or more individual message/call application services—there are reasonable grounds for suspecting that the prescribed communications provider provides those individual message/call application services; and

the person who made the application on behalf of the Organisation 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

Subdivision A has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

in the case of an application for an international production order that is in respect of one or more individual transmission services—there are reasonable grounds for suspecting that those services are being, or are likely to be:

used by a person engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or

the means by which a person receives or sends a communication from or to another person who is engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or

used for purposes prejudicial to security; and

in the case of an application for an international production order that is in respect of one or more individual message/call application services—there are reasonable grounds for suspecting that those services are being, or are likely to be:

used by a person engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or

the means by which a person receives or sends a message, or receives or makes a voice call or video call, from or to another person who is engaged in, or reasonably suspected of being engaged in, or of being likely to engage in, activities prejudicial to security; or

used for purposes prejudicial to security; and

in the case of an application for an international production order that is in respect of one or more individual transmission services—there are reasonable grounds for suspecting that information that would be likely to be obtained by intercepting, under an order issued under this clause, communications that are being carried by those individual transmission services would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security; and

in the case of an application for an international production order that is in respect of one or more individual message/call application services—there are reasonable grounds for suspecting that information that would be likely to be obtained by intercepting, under an order issued under this clause, messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security;

in the case of an application for an international production order that is in respect of one or more individual transmission services:

intercept communications carried by those individual transmission services during a specified period; and

make those intercepted communications available to the Organisation; and

disclose to the Organisation specified telecommunications data that relates to those intercepted communications; and

disclose to the Organisation specified telecommunications data that relates to those individual transmission services; or

in the case of an application for an international production order that is in respect of one or more individual message/call application services:

intercept messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services during a specified period; and

make those intercepted messages, voice calls or video calls available to the Organisation; and

disclose to the Organisation specified telecommunications data that relates to those intercepted messages, voice calls or video calls; and

disclose to the Organisation specified telecommunications data that relates to those individual message/call application services.

if subparagraph (2)(e)(ii) or (f)(ii) applies (as the case requires)—3 months; or

otherwise—6 months.

in the case of an application for an international production order that is in respect of one or more individual transmission services:

to what extent methods of carrying out the Organisation’s function of obtaining intelligence relating to security (so far as carrying out that function relates to the target) that are less intrusive than intercepting, under such an order, communications being carried by those individual transmission services have been used by, or are available to, the Organisation; and

how much the use of such methods would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security (so far as carrying out that function relates to the target); and

how much the use of such methods would be likely to prejudice the Organisation in carrying out its function of obtaining intelligence relating to security (so far as carrying out that function relates to the target), whether because of delay or for any other reason; and

such other matters (if any) as the nominated AAT Security Division member considers relevant;

in the case of an application for an international production order that is in respect of one or more individual message/call application services:

to what extent methods of carrying out the Organisation’s function of obtaining intelligence relating to security (so far as carrying out that function relates to the target) that are less intrusive than intercepting, under such an order, messages sent or received, voice calls made or received, or video calls made or received, using those individual message/call application services have been used by, or are available to, the Organisation; and

how much the use of such methods would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security (so far as carrying out that function relates to the target); and

how much the use of such methods would be likely to prejudice the Organisation in carrying out its function of obtaining intelligence relating to security (so far as carrying out that function relates to the target), whether because of delay or for any other reason; and

such other matters (if any) as the nominated AAT Security Division member considers relevant.

the Organisation has exhausted all other practicable methods of identifying the individual transmission services used, or likely to be used, by the other person mentioned in subparagraph (2)(e)(ii); or

interception of communications carried by individual transmission services used or likely to be used by that other person would not otherwise be possible.

the Organisation has exhausted all other practicable methods of identifying the individual message/call application services used, or likely to be used, by the other person mentioned in subparagraph (2)(f)(ii); or

interception of messages sent or received, voice calls made or received, or video calls made or received, using individual message/call application services used or likely to be used by that other person would not otherwise be possible.

if subparagraph (2)(e)(i) or (f)(i) applies—the person referred to in that subparagraph; or

if subparagraph (2)(e)(ii) or (f)(ii) applies—the other person referred to in that subparagraph; or

if subparagraph (2)(e)(iii) or (f)(iii) applies—the purposes referred to in that subparagraph.

the date on which the order was issued;

the name of the prescribed communications provider to whom the order is directed;

the name of the designated international agreement nominated in the application for the order;

the applicable telecommunications identifiers:

in the case of an order that is in respect of one or more individual transmission services—to which those individual transmission services relate; or

in the case of an order that is in respect of one or more individual message/call application services—to which those individual message/call application services relate.

intercept those communications in a specified way; and

make those intercepted communications available to the Organisation in a specified way.

require that intercepted communications be made available to the Organisation directly; or

require that intercepted communications be made available to the Organisation indirectly via the Australian Designated Authority.

intercept those messages, voice calls or video calls in a specified way; and

make those intercepted messages, voice calls or video calls available to the Organisation in a specified way.

require that intercepted messages, voice calls or video calls be made available to the Organisation directly; or

require that intercepted messages, voice calls or video calls be made available to the Organisation indirectly via the Australian Designated Authority.

require that the telecommunications data be disclosed to the Organisation directly; or

require that the telecommunications data be disclosed to the Organisation indirectly via the Australian Designated Authority.

(a) an international production order (the original order) was issued under clause 89; and

the original order was in respect of one or more individual transmission services; and

the original order was directed to a prescribed communications provider;

in respect of any or all of those services; and

directed to the provider;

(a) an international production order (the original order) was issued under clause 89; and

the original order was in respect of one or more individual message/call application services; and

the original order was directed to a prescribed communications provider;

in respect of any or all of those services; and

directed to the provider;

is in respect of a particular person; and

is directed to a prescribed communications provider.

the Director-General of Security; or

a Deputy Director-General of Security; or

a senior position-holder in relation to whom an authorisation is in force under subclause (4).

there are reasonable grounds for suspecting that the person is engaged in, or is likely to engage in, activities prejudicial to security; and

information that would be likely to be obtained by making a copy, under an international production order issued in response to the application, of the stored communications covered by the application would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security.

the person may request the Attorney-General to consent orally to the making of the application; and

if the person makes such a request—the Attorney-General may consent orally to the making of the application.

give the Attorney-General a written report that sets out:

particulars of the urgent circumstances because of which the person thought it necessary for the Attorney-General to consent orally; and

whether the application was granted, withdrawn or refused; and

do so within 3 working days after the day on which the application was granted, withdrawn or refused.

give the Inspector-General of Intelligence and Security a copy of the relevant report under subclause (9); and

do so within 3 working days after the day on which the application was granted, withdrawn or refused.

a statement to the effect that the application is made by the Organisation; and

the name of the person making the application on the Organisation’s behalf.

must include particulars of the urgent circumstances because of which the person making the application on the Organisation’s behalf thinks it necessary to make the application by telephone; and

must include each matter that, if the application had been made in writing, clause 94 or 95 would have required the application, or an affidavit accompanying it, to set out; and

must be given orally or in writing, as the nominated AAT Security Division member directs.

must be given on oath if the application was made in writing; and

must be given orally or otherwise, as the nominated AAT Security Division member directs.

(a) is in respect of a particular person (the relevant person); and

is directed to a prescribed communications provider.

there are reasonable grounds for suspecting that the relevant person is engaged in, or is likely to engage in, activities prejudicial to security; and

there are reasonable grounds for suspecting that the prescribed communications provider holds any of the following stored communications:

stored communications that consist of communications that the relevant person has made using a telecommunications network owned or operated by the prescribed communications provider;

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;

stored communications that consist of communications that the relevant person has made using a transmission service supplied by the prescribed communications provider;

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;

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;

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;

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;

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;

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

the person who made the application on behalf of the Organisation 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

Subdivision A has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

information that would be likely to be obtained by making a copy, under an order issued under this clause, of the stored communications would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security;

make a copy of any such stored communications; and

make the copy available to the Organisation; and

if the stored communications consist of communications carried by an individual transmission service—disclose to the Organisation:

specified telecommunications data that relates to those communications; and

specified telecommunications data that relates to the individual transmission service; and

if the stored communications consist of messages sent or received using an individual message/call application service—disclose to the Organisation:

specified telecommunications data that relates to those messages; and

specified telecommunications data that relates to the individual message/call application service; and

if the stored communications consist of recordings of voice calls made or received using an individual message/call application service—disclose to the Organisation:

specified telecommunications data that relates to those voice calls; and

specified telecommunications data that relates to the individual message/call application service; and

if the stored communications consist of recordings of video calls made or received using an individual message/call application service—disclose to the Organisation:

specified telecommunications data that relates to those video calls; and

specified telecommunications data that relates to the individual message/call application service; and

if the stored communications consist of material that has been uploaded by an end-user for storage or back-up by a storage/back-up service—disclose to the Organisation:

specified telecommunications data that relates to that material; and

specified telecommunications data that relates to the end-user’s account with the storage/back-up service; and

if the stored communications consist of material posted to a general electronic content service by an end-user—disclose to the Organisation:

specified telecommunications data that relates to that material; and

specified telecommunications data that relates to the end-user’s account with the general electronic content service.

to what extent methods of carrying out the Organisation’s function of obtaining intelligence relating to security (so far as carrying out that function relates to the relevant person) that are less intrusive than obtaining, under such an order, a copy of the stored communications have been used by, or are available to, the Organisation;

how much the use of such methods would be likely to assist the Organisation in carrying out its function of obtaining intelligence relating to security (so far as carrying out that function relates to the relevant person);

how much the use of such methods would be likely to prejudice the Organisation in carrying out its function of obtaining intelligence relating to security (so far as carrying out that function relates to the relevant person);

such other matters (if any) as the nominated AAT Security Division member considers relevant.

the date on which the order was issued;

the name of the prescribed communications provider to whom the order is directed;

the name of the designated international agreement nominated in the application for the order.

require that a copy of stored communications be made available to the Organisation directly; or

require that a copy of stored communications be made available to the Organisation indirectly via the Australian Designated Authority.

require that the telecommunications data be disclosed to the Organisation directly; or

require that the telecommunications data be disclosed to the Organisation indirectly via the Australian Designated Authority.

(a) an international production order (the original order) was issued under clause 98; and

the original order was in respect of a particular person; and

the original order was directed to a prescribed communications provider;

is in respect of the person; and

is directed to the provider.

is in respect of a particular person; and

is directed to a prescribed communications provider.

the Director-General of Security; or

a Deputy Director-General of Security; or

an eligible position-holder in relation to whom an authorisation is in force under subclause (4).

a statement to the effect that the application is made by the Organisation; and

the name of the person making the application on the Organisation’s behalf.

must include particulars of the urgent circumstances because of which the person making the application on the Organisation’s behalf thinks it necessary to make the application by telephone; and

must include each matter that, if the application had been made in writing, clause 103 or 104 would have required the application, or an affidavit accompanying it, to set out; and

must be given orally or in writing, as the nominated AAT Security Division member directs.

must be given on oath if the application was made in writing; and

must be given orally or otherwise, as the nominated AAT Security Division member directs.

(a) is in respect of a particular person (the relevant person); and

is directed to a prescribed communications provider.

there are reasonable grounds for suspecting that the prescribed communications provider holds, or is likely to commence to hold, any of the following telecommunications data:

telecommunications data that relates to communications that the relevant person has made using an individual transmission service supplied by the prescribed communications provider;

telecommunications data that relates to an individual transmission service supplied using a telecommunications network owned or operated by the prescribed communications provider, where the individual transmission service is used, or is likely to be used, by the relevant person;

telecommunications data that relates to an individual transmission service supplied by the prescribed communications provider, where the individual transmission service is used, or is likely to be used, by the relevant person;

telecommunications data that relates to messages sent or received by the relevant person using an individual message/call application service provided by the prescribed communications provider;

telecommunications data that relates to voice calls made or received by the relevant person using an individual message/call application service provided by the prescribed communications provider;

telecommunications data that relates to video calls made or received by the relevant person using an individual message/call application service provided by the prescribed communications provider;

telecommunications data that relates to an individual message/call application service provided by the prescribed communications provider, where the individual message/call application service is used, or is likely to be used, by the relevant person;

telecommunications data that relates to material that has been uploaded by the relevant person for storage or back-up by a storage/back-up service provided by the prescribed communications provider;

telecommunications data that relates to material that has been posted by the relevant person on a general electronic content service provided by the prescribed communications provider; and

the person who made the application on behalf of the Organisation 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

Subdivision A has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

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;

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;

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.

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;

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);

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;

such other matters (if any) as the nominated AAT Security Division member considers relevant.

the date on which the order was issued;

the name of the prescribed communications provider to whom the order is directed;

the name of the designated international agreement nominated in the application for the order.

require that the telecommunications data be disclosed to the Organisation directly; or

require that the telecommunications data be disclosed to the Organisation indirectly via the Australian Designated Authority.

(a) an international production order (the original order) was issued under clause 107; and

the original order was in respect of a particular person; and

the original order was directed to a prescribed communications provider;

is in respect of the person; and

is directed to the provider.

the relevant agency that applied for the order must:

give the order, or a certified copy of the order, to the Australian Designated Authority; and

do so as soon as practicable after the order is issued; and

the Australian Designated Authority must consider whether the order complies with the designated international agreement nominated in the application for the order; and

if the Australian Designated Authority is satisfied that the order complies with the designated international agreement nominated in the application for the order—the Australian Designated Authority must:

give the order, or the certified copy of the order, to the prescribed communications provider to whom the order is directed; and

do so as soon as practicable after becoming so satisfied; and

if the Australian Designated Authority is not satisfied that the order complies with the designated international agreement nominated in the application for the order—the Australian Designated Authority must:

cancel the order; and

return the order, or the certified copy of the order, to the agency; and

give the agency such advice as the Australian Designated Authority considers appropriate in relation to compliance with the designated international agreement.

the Organisation must:

give the order, or a certified copy of the order, to the Australian Designated Authority; and

do so as soon as practicable after the order is issued; and

the Australian Designated Authority must consider whether the order complies with the designated international agreement nominated in the application for the order; and

if the Australian Designated Authority is satisfied that the order complies with the designated international agreement nominated in the application for the order—the Australian Designated Authority must:

give the order, or the certified copy of the order, to the prescribed communications provider to whom the order is directed; and

do so as soon as practicable after becoming so satisfied; and

if the Australian Designated Authority is not satisfied that the order complies with the designated international agreement nominated in the application for the order—the Australian Designated Authority must:

cancel the order; and

return the order, or the certified copy of the order, to the Organisation; and

give the Organisation such advice as the Australian Designated Authority considers appropriate in relation to compliance with the designated international agreement.

may revoke the order; and

must revoke the order if the chief officer is satisfied that the grounds on which the order was issued have ceased to exist.

may revoke the order; and

must revoke the order if the Director-General of Security is satisfied that the grounds on which the order was issued have ceased to exist.

an international production order was issued under Part 2 or 3 of this Schedule; and

the order was issued in response to an application made by a relevant agency;

may revoke the order; and

must revoke the order if the chief officer is satisfied that the grounds on which the order was issued have ceased to exist.

give the instrument of revocation to the Australian Designated Authority; and

do so as soon as practicable after the order is revoked.

the Australian Designated Authority gave an international production order to the prescribed communications provider to whom the order is directed; and

the order was subsequently revoked under clause 114;

give the instrument of revocation to the prescribed communications provider; and

do so as soon as practicable after the instrument of revocation is given to the Australian Designated Authority.

if the instrument of revocation is required to be given to the prescribed communications provider concerned—when the instrument is given; or

otherwise—when the revocation is made.

an international production order is revoked under clause 114; and

when the revocation takes effect, the Australian Designated Authority has not made a decision about the order under clause 111;

may revoke the order; and

must revoke the order if the Director-General of Security is satisfied that the grounds on which the order was issued have ceased to exist.

give the instrument of revocation to the Australian Designated Authority; and

do so as soon as practicable after the order is revoked.

the Australian Designated Authority gave an international production order to the prescribed communications provider to whom the order is directed; and

the order was subsequently revoked under clause 116;