Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (34 of 2018)

Schedule 1   Assistance to international courts and tribunals

Part 3   Covert access to stored communications

International War Crimes Tribunals Act 1995

29   After Division 2 of Part 4

Insert:

Division 2A - Stored communications

34A Authorising application for a stored communications warrant

The Attorney-General may authorise, in writing, the Australian Federal Police or the police force or police service of a State to apply for a stored communications warrant under section 110 of the Telecommunications (Interception and Access) Act 1979 if:

(a) the Attorney-General is satisfied that:

(i) a proceeding is before, or an investigation is being conducted by, a Tribunal; and

(ii) there are reasonable grounds to believe that stored communications relevant to the proceeding or investigation are held by a carrier; and

(b) the Tribunal has requested the Attorney-General to arrange for access to the stored communications.

Note: Information obtained under the warrant may only be communicated to the Tribunal on certain conditions: see subsection 142A(1) of the Telecommunications (Interception and Access) Act 1979.