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

Telecommunications (Interception and Access) Act 1979

36   Section 107P

Repeal the section, substitute:

107P Condition for giving a foreign preservation notice

(1) An entity mentioned in the following table may request the Australian Federal Police to arrange for the preservation of stored communications that:

(a) relate to a specified person or specified telecommunications service; and

(b) are held by a carrier; and

(c) are relevant to an investigation, investigative proceeding, or proceeding relating to a serious foreign contravention;

if the entity intends to make a request (an access request ) under a provision mentioned in the table to the Attorney-General to arrange for access to those stored communications.

(2) The request by the entity to the Australian Federal Police must:

(a) be in writing; and

(b) name the entity or the entity's authority concerned with the serious foreign contravention; and

(c) specify the serious foreign contravention that is the subject of the investigation, investigative proceeding or proceeding; and

(d) specify information identifying the stored communications to be preserved and the relationship between those communications and the serious foreign contravention; and

(e) specify any information the entity has that identifies the carrier that holds the stored communications; and

(f) if the stored communications relate to a specified person - specify any information the entity has that identifies the telecommunications service to which the stored communications relate; and

(g) specify the reasons why the stored communications need to be preserved; and

(h) specify that the entity intends to make an access request for the stored communications.