telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.8
Insert clause 152 of Schedule 1 to the Telecommunications (Interception and Access) Act 1979
1 Paragraph 19A(5)(d)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.20
This Schedule provides for a scheme to facilitate cooperation in law enforcement matters between Australia and each foreign country that is a party to a designated international agreement.
1 Simplified outline of this Schedule
Obligation to cooperate in law enforcement matters
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.14
Repeal definition of protected information
10 Subsection 3(1) (definition of protected information)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.41
Person is taken to have uploaded material for storage or back-up by the storage/back-up service.
10 Uploaded material
The person is taken to have uploaded material for storage or back-up by the storage/back-up service.
Defines a temporal interval during which the obligation applies.
if (a) a person uses a device; and (b) the device has software that automatically uploads material for storage or back-up by a storage/back-up service;
Defines how the obligation is recognized by artificial intelligence systems.
Imposes a duty on the person to upload material for storage or back-up.
The device has software that automatically uploads material for storage or back-up by a storage/back-up service.
Defines how the obligation spreads to other persons.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.140
Issue of further international production order under clause 98 is permitted if certain conditions are met.
100 Issue of further international production order
Further international production order permitted
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.141
101 Application for international production order—national
Application for international production order under clause 107
101(1) Application for international production order—national
Application must nominate a designated international agreement.
101(2) Application for international production order—national
Must nominate an international agreement.
Application must be made by Director-General, Deputy Director-General, or eligible position-holder with authorization.
101(3) Application for international production order—national
Authorise eligible position-holders to make applications on behalf of the Organisation.
101(4) Application for international production order—national
(4) The Director-General of Security may authorise in writing...
...eligible position-holders who, or classes of eligible position-holders...
102 Form of application
102(1) Form of application
Permits telephone application under urgent circumstances.
102(2) Form of application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.142
Application must provide Organisation's name and person making application on behalf of the organisation.
103 Contents of written application
104 Affidavits to accompany written application
Affidavit required for written application
104(1) Affidavits to accompany written application
Affidavits must set out facts and grounds for application
104(2) Affidavits to accompany written application
Allow written applications with multiple affidavits
104(3) Affidavits to accompany written application
Must provide information on telephone application
105 Information to be given on telephone application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.143
106 Giving further information to nominated AAT Security Division
Member may require further information for an international production order application
106(1) Giving further information to nominated AAT Security Division
Provide further information on oath or orally as directed by the nominated AAT Security Division member.
106(2) Giving further information to nominated AAT Security Division
Obligation to provide further information
107 Issue of international production order—national security
Prohibition on issuing international production order for a particular person
107(1) Issue of international production order—national security
The provision is in effect during the application of this clause.
(1) This clause applies if the Organisation applies, under clause 101...
If the Organisation applies for an international production order, it must not issue one for a particular person.
The provision recognizes the Organisation's application for an international production order.
The Organisation may not issue an international production order for a particular person.
Prohibits issuing international production order
The provision diffuses information about the Organisation's application for an international production order.
National security grounds for suspecting telecommunications data
107(2) Issue of international production order—national security
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.146
108 Content of international production order
This clause applies to an international production order issued under clause 107.
108(1) Content of international production order
Clause applies to an international production order
The order must be signed by the nominated AAT Security Division member who issued it.
108(2) Content of international production order
108(3) Content of international production order
Provider must disclose data in a specified way if ordered to do so.
108(4) Content of international production order
Disclosure requirements for telecommunications data
108(5) Content of international production order
Deals with matters of timing for telecommunications data disclosure.
108(6) Content of international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.147
Issue of further international production order under clause 107 that is in respect of the person and directed to the provider.
109 Issue of further international production order
10A When a prescribed communications provider is based in, or
A prescribed communications provider is based in a foreign country if they are ordinarily resident there.
10A(1) When a prescribed communications provider is based in, or
The provider is ordinarily resident in the foreign country
A prescribed communications provider is based in a foreign country if it is incorporated there.
10A(2) When a prescribed communications provider is based in, or
Temporal relationship between incorporation and being based
Incorporation occurs before being based.
Protected information related to international production orders cannot be intercepted, stored, or accessed without a valid order.
11 Subsection 3(1)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.42
Defines intended recipient of a communication
11 Intended recipient of a communication
...overlaps with the relevant production order.
Temporal overlap between international production orders and access
...or relates to such an international production order.
...cannot be accessed without a valid order.
Prohibition of protected information access
Protected IPO intercept information means...
...information that is protected information (within the meaning of Schedule 1 to...)
Definition of protected IPO intercept information
110 Simplified outline of this Part
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.148
111 Giving of international production orders—relevant agency
Agency must give order to Australian Designated Authority as soon as practicable after issue.
111(1) Giving of international production orders—relevant agency
Agency must give order to Australian Designated Authority.
The Australian Designated Authority is taken to have given an order to a prescribed communications provider.
111(2) Giving of international production orders—relevant agency
The authority is taken to have given the order.
(2) For the purposes of this Schedule...
International production order takes effect upon communication to prescribed provider.
111(3) Giving of international production orders—relevant agency
The order invokes the designated international agreement.
111(4) Giving of international production orders—relevant agency
Notification to relevant agency upon giving of international production order
111(5) Giving of international production orders—relevant agency
The notification to the relevant agency must occur after the giving of the order.
Temporal relation between giving of order and notification to relevant agency
(5) If the Australian Designated Authority gives an international production order...
The notification to the relevant agency is an AI application.
Notification is a form of artificial intelligence application
The Australian Designated Authority must notify the giving of the order to the relevant agency that applied for the order.
The notification to the relevant agency is a diffusion of information.
Notification is a form of diffusion of information
Agency responsible for cancellation of international production orders
111(6) Giving of international production orders—relevant agency
Relevant agency may provide information to Australian Designated Authority.
111(7) Giving of international production orders—relevant agency
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.150
112 Giving of international production orders—the Organisation
The Organisation must give the order to the Australian Designated Authority as soon as practicable after it is issued.
112(1) Giving of international production orders—the Organisation
The Organisation must give the order to the Australian Designated Authority.
The Australian Designated Authority is taken to have given the order to the prescribed communications provider.
112(2) Giving of international production orders—the Organisation
The Australian Designated Authority is taken to have given the order to the prescribed communications provider under subclause (1).
The authority's action overlaps with giving the order directly.
(2) For the purposes of this Schedule, if the Australian Designated Authority gives a certified copy of an international production order to a prescribed communications provider under subclause (1),
The authority's action recognizes giving the order directly.
The authority's action is implied by the certified copy of the international production order.
The authority's action spreads to giving the order directly.
The authority's action repeats giving the order directly.
International production order comes into force upon receipt by communications provider.
112(3) Giving of international production orders—the Organisation
International production order invokes designated international agreement
112(4) Giving of international production orders—the Organisation
Notification of Organisation upon giving international production order
112(5) Giving of international production orders—the Organisation
The Organisation is notified after the order has been given.
Temporal relation between notification and giving of order
(5) If the Australian Designated Authority gives an international production order to a prescribed communications provider...
The Organisation is notified upon receiving the order.
The Australian Designated Authority must notify the Organisation.
Cancellation of international production orders to be set out in a written instrument.
112(6) Giving of international production orders—the Organisation
Provide information to assist decision-making
112(7) Giving of international production orders—the Organisation
Temporal relationship between Organisation and provision of information
(7) If an international production order is issued under Part 4 of this Schedule, the Organisation may give the Australian Designated Authority information that is likely to assist the Australian Designated Authority in making a decision under this clause in relation to the order.
Artificial intelligence involvement in provision of information
Information dissemination by Organisation
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.151
Chief officer must revoke order if grounds cease to exist.
113 Simplified outline of this Part
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.152
114 Revocation of international production orders—relevant agency
Agency chief officer may revoke international production order issued in response to agency application.
114(1) Revocation of international production orders—relevant agency
Agency chief officer obligation to revoke order
Agency must provide written instrument for revocation of international production orders.
114(2) Revocation of international production orders—relevant agency
Ground for revocation of international production orders
114(3) Revocation of international production orders—relevant agency
that ground is taken to have ceased to exist if, and only if, neither that control order, nor any succeeding control order, is in force
Ceasing ground for revocation during control orders
(3) For the purposes of the application of subclause (1)
that ground is taken to have ceased to exist if, and only if...
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.153
115 Giving of instrument of revocation—relevant agency
Agency must give instrument of revocation to Australian Designated Authority
115(1) Giving of instrument of revocation—relevant agency
Agency must give instrument of revocation
Must provide instrument of revocation to prescribed communications provider
115(2) Giving of instrument of revocation—relevant agency
115(3) Giving of instrument of revocation—relevant agency
115(4) Giving of instrument of revocation—relevant agency
Revocation of international production orders
116 Revocation of international production orders—the
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.154
117 Giving of instrument of revocation—the Organisation
Must provide instrument of revocation to Australian Designated Authority
117(1) Giving of instrument of revocation—the Organisation
117(2) Giving of instrument of revocation—the Organisation
Temporal relationship between revocation and provision of instrument
(b) the order was subsequently revoked under clause 116
(c) give the instrument of revocation to the prescribed communications provider
Must provide instrument of revocation as soon as practicable
(d) do so as soon as practicable after the instrument of revocation is given to the Australian Designated Authority
Revocation takes effect upon giving of instrument or at the time of revocation.
117(3) Giving of instrument of revocation—the Organisation
Revocation of international production order
117(4) Giving of instrument of revocation—the Organisation
clause 112 ceases to apply to the order when the revocation takes effect.
Prohibits revocation without decision from Australian Designated Authority
(a) an international production order is revoked under clause 116; and (b) when the revocation takes effect, the Australian Designated Authority has not made a decision about the order under clause 112;
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.155
118 Delegation by the chief officer of a relevant agency
Delegation of functions or powers by the chief officer.
118(1) Delegation by the chief officer of a relevant agency
Delegate must comply with directions of chief officer.
118(2) Delegation by the chief officer of a relevant agency
(2) In performing functions, or exercising powers, under a delegation under subclause (1), the delegate must comply with any directions of the chief officer.
119 Delegation by the Director-General of Security
Delegate functions or powers to Deputy Director-General of Security or ASIO employee
119(1) Delegation by the Director-General of Security
Delegate must comply with directions of the Director-General of Security.
119(2) Delegation by the Director-General of Security
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.15
Substitute protected SD information for protected information.
12 Subsection 13A(2) (table item 1, column 1)
Reference to use of a thing is in isolation or conjunction with other things.
12 Use of a thing
Communications provider may object to international production order on grounds of non-compliance with designated agreement.
120 Simplified outline of this Part
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.156
121 Prescribed communications provider may object to
Provider may object to order on grounds of non-compliance with designated international agreement
121(1) Prescribed communications provider may object to
Must provide notice to Australian Designated Authority within a reasonable time after international production order is given.
121(2) Prescribed communications provider may object to
Notice must be given within a reasonable time after production order is given
(2) The notice must: (a) be given to the Australian Designated Authority within a reasonable time after the international production order is given to the prescribed communications provider; and
Notice must be given to Australian Designated Authority
Notice must be given during reasonable time after production order is given
122 Cancellation of international production orders
Cancellation of international production orders
122(1) Cancellation of international production orders
The Australian Designated Authority must not cancel an international production order.
Prohibits cancellation of international production orders
(1) The Australian Designated Authority may cancel an international production order.
Prohibits cancellation of international production orders by the Australian Designated Authority
A written instrument must be used to cancel an international production order.
122(2) Cancellation of international production orders
Information to chief officer of relevant agency
Inform relevant agencies of cancellation
122(3) Cancellation of international production orders
Must provide instrument of cancellation to prescribed communications provider after cancelling order.
122(4) Cancellation of international production orders
Must provide instrument of cancellation.
Cancellation takes effect when instrument is given or made.
122(5) Cancellation of international production orders
122(6) Cancellation of international production orders
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.157
Civil penalties for failing to comply with international production orders
123 Simplified outline of this Part
Compliance with international production orders
124 Compliance with international production orders
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.158
125 When a prescribed communications provider meets the
Prescribed communications provider must meet enforcement threshold unless certain conditions apply.
125(1) When a prescribed communications provider meets the
Prescribed communications provider must meet enforcement threshold.
Individual must be ordinarily resident in Australia for the purpose of this clause.
125(2) When a prescribed communications provider meets the
Defines a class of individuals for the purpose of this clause.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.159
126 Civil penalty provision—enforcement
126(1) Civil penalty provision—enforcement
The civil penalty provision is enforceable.
Enforceability of civil penalty provisions
(1) A civil penalty provision in this Part is enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014.
The part is allowed to enforce the civil penalty provision.
Authorization to enforce civil penalty provisions
Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
The enforcement mechanism is by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
The purpose of enforcement is for a person to pay a pecuniary penalty for the contravention of the provision.
The authorization mechanism is by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorises Communications Access Co-ordinator as applicant for civil penalty provision enforcement.
126(2) Civil penalty provision—enforcement
Relevant courts for civil penalty provisions in Part 4 of the Regulatory Powers (Standard Provisions) Act 2014.
126(3) Civil penalty provision—enforcement
Federal Court of Australia and Federal Circuit Court of Australia
Temporal relation between Federal Court of Australia and Federal Circuit Court of Australia
Part 4 of the Regulatory Powers (Standard Provisions) Act 2014
Relevant courts for civil penalty provisions
Purpose of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014
Scope of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.160
Annual reports must be given by certain agencies and authorities.
127 Simplified outline of this Part
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.161
Annual reports by relevant agencies must be provided within 3 months after the end of each financial year.
128 Annual reports by relevant agencies
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.162
Report on compliance with international production order
129 Reports to be made to the Attorney-General by the
Prohibited material includes protected IPO intercept information and communications data.
13 Subsection 13A(2) (at the end of the table)
A particular person may be identified by multiple unique factors.
13 Identification of a particular person
Prohibition applies within this time frame
Maximum penalty for serious offence is 7 years or more
Identifies specific types of information
Material is or includes protected IPO intercept information
written report that sets out specific information
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.163
Annual reports by the Australian Designated Authority
130 Annual reports by the Australian Designated Authority
Classification of international production orders
(1) The Australian Designated Authority must...
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.164
131 Annual reports by the Minister
Annual reports must be prepared by the Minister.
131(1) Annual reports by the Minister
The Minister must cause a report to be tabled in each House of the Parliament.
131(2) Annual reports by the Minister
The Minister must cause a report to be tabled.
Annual reports must not be made in a manner that enables identification of a person.
131(3) Annual reports by the Minister
Annual reports by the Minister are required.
131(4) Annual reports by the Minister
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.165
132 Deferral of inclusion of information in Ministerial report
Minister must include certain information in report
132(1) Deferral of inclusion of information in Ministerial report
Minister must advise not to include information in report if certain conditions apply.
132(2) Deferral of inclusion of information in Ministerial report
the chief officer must advise the Minister in writing not to include the information in the next Ministerial report.
Chief officer's satisfaction with information being control order information is a temporal interval.
(2) If subparagraph (1)(a)(i) applies; and the chief officer of the relevant agency is satisfied that the information is control order information;
Minister has a duty to advise not to include information in report.
Chief officer's satisfaction with information being control order information is a recurring trace.
Must notify chief officer in writing if information is control order information.
132(3) Deferral of inclusion of information in Ministerial report
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.169
133 Keeping documents associated with international production
Agency must keep records of international production orders and authorizations.
133(1) Keeping documents associated with international production
Must keep documents for 3 years after creation
133(2) Keeping documents associated with international production
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.170
134 Other records to be kept—relevant agencies
Agency must keep records of international production orders
134(1) Other records to be kept—relevant agencies
Minister may prescribe documents and materials to be kept in agency records.
134(2) Other records to be kept—relevant agencies
Agency must keep records for 3 years or upon Ombudsman report
134(3) Other records to be kept—relevant agencies
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.172
135 Keeping documents associated with international production
Must keep specified documents in Organisation’s records
135(1) Keeping documents associated with international production
The Director-General of Security must keep a copy of the document in the Organisation's records for 3 years.
135(2) Keeping documents associated with international production
The Director-General of Security must keep a copy of the document in the Organisation's records.
An agreement under paragraph (1)(bd) is not a legislative instrument.
135(3) Keeping documents associated with international production
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.173
Maintain specific records in Organisation's records
136 Other records to be kept—the Organisation
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.175
137 Keeping documents associated with international production
Must keep documents related to international production orders
137(1) Keeping documents associated with international production
137(2) Keeping documents associated with international production
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.176
138 Other records to be kept—Australian Designated Authority
Maintain records of international production orders
138(1) Other records to be kept—Australian Designated Authority
a record of the objection, the name of the foreign entity that applied for the incoming order, the name of the designated international agreement, and the name of the provider.
Keep records of objections to incoming orders from foreign countries.
138(2) Other records to be kept—Australian Designated Authority
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.178
139 Register of international production orders
Must keep a register of international production orders.
139(1) Register of international production orders
Record specific details in the register for each international production order
139(2) Register of international production orders
Disclosure of IPO information to IGIS official under certain conditions.
13A After subsection 35(3)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.16
Definitions for Australian Designated Authority and IPO information
13B At the end of section 35
Australian Designated Authority official means: (a) the Australian Designated Authority; or (b) a person who: (i) 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.
Identifies the same meaning as in Schedule 1 to the Telecommunications (Interception and Access) Act 1979
Australian Designated Authority has the same meaning as in Schedule 1 to the Telecommunications (Interception and Access) Act 1979.
IPO information means: (a) protected information within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979; or (b) information relevant to the operation of that Schedule.
Identifies the same meaning as in the Telecommunications (Interception and Access) Act 1979
IGIS official has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.17
14 Title
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.43
14 Eligible judge
14(1) Eligible judge
A Judge may consent to be nominated by the Attorney-General.
14(2) Eligible judge
(2) A Judge may, by writing, consent to be nominated by the Attorney-General under subclause (3).
Declares eligible judges for the purposes of this Schedule.
14(3) Eligible judge
Eligible Judge has same protection and immunity as a Justice of the High Court.
14(4) Eligible judge
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.180
140 Destruction of records
Destroy records not likely required for purpose referred to in clause 153 or 157
140(1) Destruction of records
the record must be destroyed immediately after becoming so satisfied.
Temporal interval of destruction of records not likely required for purpose referred to in clause 153 or 157
(d) the chief officer of the agency is satisfied that the record is not likely to be required for a purpose referred to in clause 153 or 157;
CogAI reasoning about destruction of records not likely required for purpose referred to in clause 153 or 157
the chief officer must cause the record to be destroyed immediately after becoming so satisfied.
(a) an international production order was issued in response to an application made by a relevant agency; and (b) in compliance with the order, a prescribed communications provider makes...
Diffusion of information about destruction of records not likely required for purpose referred to in clause 153 or 157
Destroy records of intercepted communications if not required for a specific purpose.
140(2) Destruction of records
...the record must be destroyed immediately after becoming so satisfied.
(d) the Director-General of Security is satisfied that the record is not likely to be required for a purpose referred to in clause 153 or 157;
Creates an obligation on the Director-General of Security.
Destroy copy of stored communications if not required for a specific purpose.
140(3) Destruction of records
must cause the copy to be destroyed immediately after becoming so satisfied.
Prohibition of destroying copy of stored communications.
Prohibition on destruction of records under certain conditions
140(4) Destruction of records
...and (d) the Director-General of Security is satisfied...
Specifies a temporal interval for record destruction
(b) in compliance with the order, a prescribed communications provider makes a copy of stored communications available to the Organisation (whether directly or indirectly via the Australian Designated Authority); and
Describes a condition for record destruction
(a) an international production order was issued under clause 98;
...the Director-General of Security is satisfied...
Specifies a condition for record destruction
(c) the copy is in the Organisation’s possession; and
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.182
Inspect records to determine compliance with the Schedule.
141 Simplified outline of this Part
142 Inspection of records—relevant agency
The Ombudsman may inspect records to determine compliance.
142(1) Inspection of records—relevant agency
Ombudsman may enter premises, access records, and require information from relevant agency staff.
142(2) Inspection of records—relevant agency
Ombudsman has permission to inspect premises and access records.
Ombudsman must give reasonable notice to chief officer before inspection.
142(3) Inspection of records—relevant agency
Chief officer must assist Ombudsman with staff assistance.
142(4) Inspection of records—relevant agency
Chief officer must provide assistance within reasonable timeframe
Chief officer must assist Ombudsman within reasonable timeframe
Ombudsman requires assistance from chief officer within a reasonable timeframe
Ombudsman's functions can be performed with staff assistance
Staff assistance implies Ombudsman's functions can be performed
Staff assistance enables Ombudsman to perform functions
Staff assistance requires cognitive effort from chief officer
Chief officer has a duty to assist Ombudsman
Chief officer's duty is a diffusion of responsibility
Chief officer's duty to assist Ombudsman is a diffusion of responsibility from the relevant agency
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.183
143 Inspection of records—Australian Designated Authority
143(1) Inspection of records—Australian Designated Authority
Ombudsman may enter premises, access records, and require information from staff.
143(2) Inspection of records—Australian Designated Authority
Ombudsman's permission applies during the inspection process.
Ombudsman has permission to enter premises and access records.
Ombudsman is entitled to access records and information from staff.
Ombudsman may require information from staff.
Ombudsman must give reasonable notice before inspecting records.
143(3) Inspection of records—Australian Designated Authority
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.184
144 Power to obtain relevant information
The Ombudsman may require an officer to provide information or attend a hearing.
144(1) Power to obtain relevant information
The Ombudsman has the power to require an officer to provide information.
Require member to provide information or attend inspection
144(2) Power to obtain relevant information
Specify place and time for attendance before inspecting officer.
144(3) Power to obtain relevant information
Failure to comply with a requirement results in an offence.
144(4) Power to obtain relevant information
Obligation to comply with a requirement.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.185
Must provide information despite other laws
145 Ombudsman to be given information and access despite other
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.187
146 Application of Ombudsman Act
Section 11A of the Ombudsman Act 1976 does not apply in relation to the exercise or proposed exercise of a power, or the performance or the proposed performance of a function, of the Ombudsman under this Part.
146(1) Application of Ombudsman Act
Exclude Section 11A from the Ombudsman Act
Exclusion of inspecting officer's actions from Ombudsman Act references
146(2) Application of Ombudsman Act
Ombudsman Act references do not include inspecting officer's actions at specific times
Ombudsman Act references do not include inspecting officer's actions
Exclusion of inspecting officer's actions
Application of Ombudsman Act to this Part
146(3) Application of Ombudsman Act
147 Exchange of information between Ombudsman and
Ombudsman may give information to inspecting authority with similar powers and function.
147(1) Exchange of information between Ombudsman and
similar kind to those provided for in clause 142
Ombudsman must provide information under certain conditions.
147(2) Exchange of information between Ombudsman and
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.188
148 Delegation by Ombudsman
Ombudsman may delegate powers to APS employees or others with similar oversight functions.
148(1) Delegation by Ombudsman
Delegate must provide instrument of delegation upon request.
148(2) Delegation by Ombudsman
Delegate must provide instrument of delegation.
Ombudsman not liable to action for acts done in good faith
149 Ombudsman not to be sued
Therefore, the Ombudsman is not liable...
Obligation implies non-liability for all acts done in good faith within a temporal interval
The Ombudsman is not liable to an action... for or in relation to an act done, or omitted to be done...
Obligation implies non-liability for all acts done in good faith using AI
The Ombudsman is not liable to an action...
Obligation implies non-liability for acts done in good faith
Obligation implies non-liability for all acts done in good faith
15 Subsection 5(1) (at the end of the definition of access)
The Attorney-General may nominate a person by writing.
15 Nominated AAT member
150 Reports
The Ombudsman must report to the Minister about inspection results.
150(1) Reports
Must provide report to Minister after financial year end.
150(2) Reports
Minister must table report in each House of Parliament within 15 sitting days.
150(3) Reports
The Ombudsman must report to the Minister in writing about inspection results.
150(4) Reports
Ombudsman may report contravention of provision by relevant agency officer.
150(5) Reports
Ombudsman may include report on contravention in inspection report.
150(6) Reports
Obligation to include report on contravention.
Must provide reports to relevant agencies and the Australian Designated Authority.
150(7) Reports
Report cannot include information that could endanger a person's safety, prejudice an investigation or prosecution, or compromise relevant agency activities.
150(8) Reports
Defines a temporal interval for the prohibition.
(8) A report under this clause must not include...
Prohibits certain information from being included in reports.
Report under this clause must not include...
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.190
Protected information cannot be used, recorded or disclosed without an exception.
151 Simplified outline of this Part
Prohibits the use, recording or disclosure of protected information.
152 Prohibition on use, recording or disclosure of protected
Use, recording or disclosure of protected information is prohibited.
152(1) Prohibition on use, recording or disclosure of protected
Prohibits the use, recording or disclosure of protected information at all times.
(1) A person commits an offence if: (a) the person uses, records or discloses information; and (b) the information is protected information; and (c) the use, recording or disclosure of the information is not permitted by this Part.
Enforces prohibition through AI-powered monitoring.
Diffuses prohibition to all relevant entities.
Prohibition on admitting protected information in evidence
152(2) Prohibition on use, recording or disclosure of protected
Prohibition of admitting protected information
Protected information may be used, recorded or disclosed for specific purposes.
153 Exceptions—general
Use protected information for specified purposes.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.194
Disclosure of protected information to the Minister for ministerial purposes.
154 Exception—disclosure to the Minister
Disclosure of protected information to the Attorney-General for official purposes.
155 Exception—disclosure to the Attorney-General
Permission to disclose protected information.
Disclosure of aggregate statistical information is permitted.
156 Exception—statistical information
Disclosure of statistical information is permitted.
Protected information can be used, recorded or disclosed for specific purposes.
157 Exceptions—international production orders relating to
Permission to use protected information.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.202
Protected information may be used for specific purposes in certain proceedings.
158 Exceptions—international production orders relating to stored
Protected information may be used, recorded or disclosed...
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.203
159 Exceptions—telecommunications data
Protected information may be used for enforcement purposes.
159(1) Exceptions—telecommunications data
(1) Protected information that: (a) consists of telecommunications data obtained in accordance with an international production order; or (b) relates to such an international production order; may be used, recorded or disclosed, or may be admitted in evidence, for any of the following purposes:
Temporal relation between international production orders.
Recurring trace of protected information.
Disclosure of protected information for finding a missing person
159(2) Exceptions—telecommunications data
the disclosure is reasonably necessary for the purposes of finding the missing person
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.44
16 Issuing authority
The Attorney-General may appoint a person as an issuing authority.
16(1) Issuing authority
Consent to be appointed by the Attorney-General
16(2) Issuing authority
Appointment ceases if Attorney-General cannot appoint
16(3) Issuing authority
No effect on provisions of this Act (other than this Schedule)
16(4) Issuing authority
Issuing authority has protection and immunity as a Justice of the High Court.
16(5) Issuing authority
facts with respect to acts or things done by the provider
Manager must issue evidentiary certificate to comply with international production order
160 Simplified outline of this Part
Manager has a duty to issue evidentiary certificate
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.204
161 Evidentiary certificates—compliance with international
Manager must issue written certificate setting out facts related to provider's compliance with international production order.
161(1) Evidentiary certificates—compliance with international
Manager has an obligation to issue a written certificate.
Provider may issue written certificate setting out facts relevant to compliance with international production order.
161(2) Evidentiary certificates—compliance with international
Conclusive evidence of matters stated in the document
161(3) Evidentiary certificates—compliance with international
(3) A document purporting to be a certificate...
is conclusive evidence of the matters stated...
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.205
Prescribed communications providers must provide information upon request.
162 Evidentiary certificates—voluntary provision of associated
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.212
163 Evidentiary certificates—interception
Certifying officer must issue written certificate with relevant facts.
163(1) Evidentiary certificates—interception
... setting out such facts as the officer considers relevant with respect to: ...
The text describes a temporal interval for issuing the certificate.
(1) A certifying officer of an interception agency may issue a written...
... setting out such facts as the officer considers relevant.
The text implies that issuing a certificate is necessary for the agency's actions.
The text describes a knowledge graph of facts that must be included in the certificate.
Certifying officer has an obligation to issue a written certificate.
The text describes a process of transmission from the agency to the certifying officer.
163(2) Evidentiary certificates—interception
(2) A certifying officer of a control order IPO agency may issue a written certificate signed by the officer...
The text uses artificial intelligence to infer the necessary facts for the certificate.
The text describes the transmission of information from the agency to the certifying officer.
Certifying person must issue written certificate with relevant facts.
163(3) Evidentiary certificates—interception
Certifying person has an obligation to issue written certificate.
A document purporting to be a certificate is prima facie evidence in a proceeding.
163(4) Evidentiary certificates—interception
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.214
164 Evidentiary certificates—stored communications
164(1) Evidentiary certificates—stored communications
Certifying officer has an obligation to issue written certificate.
Certifying officer must issue written certificate setting out relevant facts regarding receipt of stored communications.
164(2) Evidentiary certificates—stored communications
written certificate signed by the certifying person
164(3) Evidentiary certificates—stored communications
A document purporting to be a certificate is prima facie evidence of the matters stated in the document.
164(4) Evidentiary certificates—stored communications
Imposes a duty on the state to receive the document in evidence.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.215
165 Evidentiary certificates—telecommunications data
Telecommunications data disclosure information
Certifying officer must issue written certificate setting out relevant facts.
165(1) Evidentiary certificates—telecommunications data
Certifying officer has a duty to issue written certificate.
Telecommunications data disclosure facts
165(2) Evidentiary certificates—telecommunications data
Telecommunications data disclosure details
165(3) Evidentiary certificates—telecommunications data
Certifying person has an obligation to issue a written certificate.
Exhibiting a document purporting to be a certificate is prima facie evidence in Australian proceedings.
165(4) Evidentiary certificates—telecommunications data
Issue written certificate with specified facts.
166 Evidentiary certificates—Australian Designated Authority
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.217
Exemption from certain provisions for acts done in compliance with foreign country orders or requests under international agreements.
167 Simplified outline of this Part
Exemption granted for acts in compliance with foreign country orders or requests.
Permission to exempt certain acts from provisions.
Designated international agreement between Australia and foreign countries.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.218
Exemptions from prohibitions for international agreements
168 Incoming orders and requests—exemptions from various
Exemptions from subsections 7(1) and 108(1)
Granting permission to comply with orders or requests from foreign countries
Designated international agreement between Australia and one or more foreign countries
Exemptions from subsections 63(1) and 133(1)
Obligations to comply with orders or requests from foreign countries
Exemptions from sections 276, 277 and 278 of the Telecommunications Act 1997
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.219
Disclosure of information is authorized if it complies with an order or request from a foreign country under a designated international agreement.
169 Interaction with the Privacy Act 1988
The agreement overlaps with the Privacy Act 1988.
There is a designated international agreement between Australia and one or more foreign countries.
CogAI recognizes the authorization of disclosure.
The Act authorizes disclosure of information.
Disclosure is authorized if it complies with an order or request from a foreign country.
Personal information diffuses if it is disclosed in compliance with an order or request from a foreign country.
The disclosure of information contains personal information.
Disclosure of information repeats if it complies with an order or request from a foreign country.
The disclosure of information in compliance with any such order or request, to the extent that the information contains personal information, is taken to be a disclosure that is authorized by this Act.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.45
17 Nominated AAT Security Division member
The Attorney-General may nominate a person to issue international production orders.
17(1) Nominated AAT Security Division member
The Attorney-General must not nominate a person who holds an appointment as a part-time senior member or a member of the Administrative Appeals Tribunal unless the person meets certain conditions.
17(2) Nominated AAT Security Division member
...and (b) has been so enrolled for at least 5 years.
Specifies the time period during which a person must be enrolled to meet the conditions.
(b) has been so enrolled for not less than 5 years.
...unless the person meets certain conditions.
Prohibits nomination of a person without meeting certain conditions.
(2) Despite subclause (1), the Attorney-General must not nominate a person...
Imposes an obligation on the Attorney-General to nominate only qualified persons.
Allows the Attorney-General to nominate a person who meets the conditions.
170 Simplified outline of this Part
Required documents to be given by Australian Designated Authority
171 Electronic service of documents
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.220
172 International production order issued in response to a telephone
Issue an international production order in response to a telephone application made by a relevant agency or the Organisation.
172(1) International production order issued in response to a telephone
The telephone application must be before the issue of the international production order.
(1) This clause applies if a person (the issuing person) issues an international production order in response to a telephone application made by a person (the applicant) on behalf of:
Must issue an international production order
Must issue an international production order in response to a telephone application made by the Organisation.
The issue of the international production order must be before the telephone application.
Affidavit or affidavits from persons who gave information to the issuing person.
Amend information provided within one day after international production order is issued.
172(2) International production order issued in response to a telephone
Cancellation of international production order if subclause (2) not complied with.
172(3) International production order issued in response to a telephone
Subclause (2) not complied with in relation to the order
Cancellation of order if subclause (2) not complied with within the same part
Cancellation of order if subclause (2) not complied with inferred from issuing person's satisfaction
issuing person is satisfied that subclause (2) has not been complied with in relation to the order
Prohibits cancellation of order if subclause (2) not complied with.
(2) has not been complied with in relation to the order
Cancellation of order if subclause (2) not complied with diffuses through part 1
Cancellation of order if subclause (2) not complied with until the end of part 1
Written instrument required for cancellation under subclause (3)
172(4) International production order issued in response to a telephone
Obligation to provide written instrument
Issuing person must give instrument of cancellation to Australian Designated Authority as soon as practicable after order is cancelled.
172(5) International production order issued in response to a telephone
Instrument of cancellation must be provided
Issuing person must give instrument of cancellation to Australian Designated Authority
Relevant agency must be informed of cancellation
Must inform relevant agency of cancellation
Australian Designated Authority must inform chief officer of relevant agency of cancellation
Organisation must be informed of cancellation
Must inform Organisation of cancellation
Australian Designated Authority must inform Organisation of cancellation
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.222
Duty of nominated AAT Security Division member to ensure information is not communicated contrary to security requirements.
173 Duty of nominated AAT Security Division member
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.223
174 Certified copy of international production order—interception
Receives certified copy of international production order as evidence in a proceeding.
174(1) Certified copy of international production order—interception
Document must be known as a certified copy of the original international production order.
174(2) Certified copy of international production order—interception
175 Certified copy of international production order—criminal
A certified copy of an international production order must be received in evidence.
175(1) Certified copy of international production order—criminal
Must provide a certified copy of an international production order.
175(2) Certified copy of international production order—criminal
176 Certified copy of international production order—enforcement
A certified copy of an international production order must be provided in certain proceedings.
176(1) Certified copy of international production order—enforcement
Obligation to provide a certified copy of an international production order.
The document must be known as a certified copy of the original international production order.
176(2) Certified copy of international production order—enforcement
Must provide a certified copy of the original international production order.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.224
177 Certified copy of international production order—control order
Exhibit certified copy of international production order in certain proceedings.
177(1) Certified copy of international production order—control order
Obligation to provide certified copy of international production order.
177(2) Certified copy of international production order—control order
177(3) Certified copy of international production order—control order
Certified copy of international production order
177(4) Certified copy of international production order—control order
177(5) Certified copy of international production order—control order
Legal obligation to provide a certified copy of an international production order.
Defines the document as a certified copy of the original international production order.
177(6) Certified copy of international production order—control order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.225
178 Certified copy of international production order—the
Exhibit certified copy of international production order in court proceedings.
178(1) Certified copy of international production order—the
Legal obligation to provide certified copy of international production order.
178(2) Certified copy of international production order—the
178(3) Certified copy of international production order—the
Must provide certified copy of international production order.
178(4) Certified copy of international production order—the
178(5) Certified copy of international production order—the
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.226
179 Delegation by the Australian Designated Authority
Delegation of functions or powers to SES employees and APS employees in the Attorney-General's Department.
179(1) Delegation by the Australian Designated Authority
Permission to delegate functions or powers.
Delegate must comply with directions of the Australian Designated Authority.
179(2) Delegation by the Australian Designated Authority
Between the time of delegation and completion of delegated function
Performing functions or exercising powers under a delegation
Comply with directions of the Australian Designated Authority
Delegate performing functions or exercising powers under a delegation
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.46
17A Urgent circumstances
Application under Part 2 or 3 of the Schedule for an international production order by telephone in urgent circumstances.
17A(1) Urgent circumstances
it is necessary to make an application under Part 2 or 3 of this Schedule for an international production order by telephone if, and only if:
Urgent circumstances necessitate the application.
an imminent risk of serious harm to a person or substantial damage to property exists
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.
Application under Part 4 of this Schedule for an international production order by telephone is permitted if certain conditions are met.
17A(2) Urgent circumstances
Temporal relation between urgency and application.
(2) For the purposes of this Schedule, it is necessary...
...to make an application under Part 4 of this Schedule for an international production order by telephone if...
Permission to make application by telephone under Part 4 of this Schedule.
State has obligation to consider application under Part 4 of this Schedule.
Recurring trace of urgency and application.
Oral consent required for international production order under urgent circumstances
17A(3) Urgent circumstances
Attorney-General permits international production order under urgent circumstances
(3) For the purposes of this Schedule, it is necessary...
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.47
Disregard expressions in this Schedule when determining meaning of other provisions.
18 Meaning of expressions in other provisions of this Act
180 Minor defects in connection with international production order
Information obtained in accordance with an international production order is taken to have been so if there's a defect or irregularity.
180(1) Minor defects in connection with international production order
the information is taken to have been obtained in accordance with the international production order.
Temporal interval between obtaining information and its defect/irregularity.
(b) there is a defect or irregularity in relation to the international production order;
Defect/irregularity implies obtaining information.
Obligation to provide information in accordance with an international production order.
(a) information is purportedly obtained in accordance with an international production order;
Defect or irregularity in relation to an international production order means a defect or irregularity that is not substantial and related to the issue of a document purporting to be the international production order, compliance with the international production order, or purported compliance.
180(2) Minor defects in connection with international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.227
181 Protection of persons—control order declared to be void
No criminal proceeding against a person in good faith compliance with an international production order
181(1) Protection of persons—control order declared to be void
a criminal proceeding does not lie against a person in respect of anything done in good faith by the person in purported compliance with the international production order.
Temporal interval for compliance with an international production order
Knowledge representation for individuals who comply with an international production order
Obligation to comply with an international production order
Diffusion of information about an individual's compliance with an international production order
Recurring trace for individuals who comply with an international production order
Knew or reasonably ought to have known of the declaration
181(2) Protection of persons—control order declared to be void
182 Specification of international agreements
Reference to international agreement is a reference to the agreement as amended and in force for Australia from time to time.
182(1) Specification of international agreements
Disregard amendments to international agreements under certain conditions.
182(2) Specification of international agreements
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.228
This Schedule is not intended to limit the operation of the Mutual Assistance in Criminal Matters Act 1987.
183 Operation of the Mutual Assistance in Criminal Matters Act 1987
Request for assistance or information from a prescribed communications provider is not limited.
184 Other functions or powers not limited
Obligation to request or obtain assistance or information.
19 Subsection 5(1) (at the end of the definition of equipment)
Extends to acts, omissions, matters and things outside Australia.
19 Extra-territorial application
Insert clause 152 of Schedule 1 after sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979.
2 Schedule 1
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.21
2 Definitions
access, when used in relation to material, includes:
Insertion of '(except when used in Schedule 1)' before 'has'
20 Subsection 5(1) (definition of intended recipient)
Relies on Commonwealth's legislative powers under paragraph 51(v) (communications) of the Constitution.
20 Constitutional basis of this Schedule
Insertion of '(except when used in Schedule 1)' before 'means'
21 Subsection 5(1) (definition of issuing authority)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.48
International production orders may be issued for serious offence investigation.
21 Simplified outline of this Part
An international production order may be issued for purposes in connection with the investigation of an offence of a serious nature.
Excludes information obtained in accordance with an international production order.
22 Subsection 5(1) (at the end of the definition of lawfully
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.49
22 Application for international production order—enforcement of
Application for international production order enforcement
22(1) Application for international production order—enforcement of
...for an international production order under clause 30
Obligation to apply for international production order
22(2) Application for international production order—enforcement of
Application must be made by authorized personnel
22(3) Application for international production order—enforcement of
The application must be made between the specified start and end times
Application must be made within a specific timeframe
A specific timeframe is specified for making the application
The authorized personnel must make the application because of their role or position
Authorized personnel are required to make the application due to their role or position
Being a member of the Australian Federal Police, Australian Commission for Law Enforcement Integrity, or ACC implies the need to make the application
The application is a cognitive task for authorized personnel
Application is a cognitive task for authorized personnel
Authorized personnel are required to make the application due to their cognitive abilities
The application must be made by authorized personnel
Must be performed by authorized personnel
Authorized personnel are required to make the application
The application requirement spreads to other entities through delegation
Application requirements spread to other entities through delegation
Delegation allows the application requirement to be applied to other entities
Prohibits access to information obtained in accordance with an international production order.
23 Subsection 5(1) (definition of nominated AAT member)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.50
23 Form of application
23(1) Form of application
Permits making an application by telephone under urgent circumstances.
23(2) Form of application
Allows making an application by telephone.
(2) If the person making an application...
Authorises persons to make applications on behalf of an agency.
23(3) Form of application
(3) The chief officer of an interception agency may authorise in writing...
24 Subsection 5(1) (definition of record)
name of agency, name of person making application on agency's behalf
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.51
Application requirements for international production order
24 Contents of application
25 Subsection 5(1) (definition of relevant statistics)
25 Affidavits to accompany written application
A written application must be accompanied by an affidavit.
25(1) Affidavits to accompany written application
25(2) Affidavits to accompany written application
Must provide information about previous applications and orders for international production.
25(3) Affidavits to accompany written application
26 Subsection 5(1) (definition of stored communication)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.52
Information must be provided to an eligible Judge or nominated AAT member.
26 Information to be given on telephone application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.18
Exempts telecommunications networks from this definition.
27 Subsection 5(1) (at the end of the definition of
27 Giving further information to eligible Judge or nominated AAT
Eligible Judge or nominated AAT member may require further information.
27(1) Giving further information to eligible Judge or nominated AAT
Eligible Judge or nominated AAT member must provide further information on oath if application was made in writing.
27(2) Giving further information to eligible Judge or nominated AAT
Must provide further information on oath if application was made in writing.
Prohibits the application of this definition to telecommunications networks.
28 Subsection 5(1) (definition of telephone application)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.53
28 Application by interception agency of Victoria
Application by interception agency of Victoria for an international production order under clause 30.
28(1) Application by interception agency of Victoria
Submit matters related to international production orders
28(2) Application by interception agency of Victoria
to the eligible Judge or nominated AAT member
Questioning of person making application for international production order
28(3) Application by interception agency of Victoria
29 Section 5A
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.54
29 Application by interception agency of Queensland
Application by interception agency of Queensland for international production order
29(1) Application by interception agency of Queensland
Submit matters to the eligible Judge or nominated AAT member
29(2) Application by interception agency of Queensland
Must provide matters to the eligible Judge or nominated AAT member
The Queensland PIM may question a person making an application for an international production order.
29(3) Application by interception agency of Queensland
May question a person making an application.
Delegation of power by a Queensland PIM to a deputy PIM.
29(4) Application by interception agency of Queensland
Compliance with directions from Queensland PIM
29(5) Application by interception agency of Queensland
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.19
299A Schedule 1
A person may communicate information to certain authorities.
3 At the end of section 18
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.31
3 Designated international agreement
Designated international agreement defined under specific conditions.
3(1) Designated international agreement
the agreement, as affected by such an amendment, is a designated international agreement
(a) there is an agreement between Australia and a foreign country; (b) a copy of the English text of the agreement is set out in the regulations; (c) the agreement has entered into force for Australia and the foreign country;
the agreement is a designated international agreement
(e) if paragraph (d) does not apply—the agreement is a designated international agreement
the agreement is a treaty to which Australia is a party
Proposed treaty actions, such as amendments of treaties and extensions of the duration of treaties, are subject to Australia’s treaty-making process.
Copy of English text of agreement must be provided unless statutory requirements certificate is in force.
3(1A) Designated international agreement
30 Section 5F
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.55
30 Issue of international production order—enforcement of the
Enforcement of international production order for eligible Judge or nominated AAT member
30(1) Issue of international production order—enforcement of the
...for an international production order that: ... is directed to a prescribed communications provider.
Defines the temporal interval for which the prohibition applies
(1) This clause applies if an interception agency applies, under clause 22, to an eligible Judge or nominated AAT member...
Represents the knowledge representation for the prohibition
Prohibits interception agency from applying to eligible Judge or nominated AAT member for international production order
Defines the recurring trace for which the prohibition applies
Prohibition on issuing international production order without reasonable grounds
30(2) Issue of international production order—enforcement of the
...that there are reasonable grounds for suspecting...
Describes the temporal relationship between issuing an international production order and having reasonable grounds
(2) If the eligible Judge or nominated AAT member is satisfied...
...there are reasonable grounds for suspecting...
Prohibits issuing an international production order without reasonable grounds
Insertion of '(other than Schedule 1)' after 'this Act'
31 Section 5G
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.61
31 Content of international production order
This clause applies to an international production order issued under clause 30 in response to an application made by an interception agency.
31(1) Content of international production order
Clause applies to international production order
The order must be signed by the eligible Judge or nominated AAT member who issued it.
31(2) Content of international production order
Must set out specific information in international production order
31(3) Content of international production order
32 Subsection 6(1)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.63
Issue of further international production order under clause 30 is permitted as long as certain conditions are met.
32 Issue of further international production order
Permission to issue further international production order under clause 30.
33 Subsection 6D(1) (definition of eligible Judge)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.64
33 Application for international production order—enforcement of
33(1) Application for international production order—enforcement of
33(2) Application for international production order—enforcement of
Application must be made on behalf of the agency by a person or officer
33(3) Application for international production order—enforcement of
Chief officer may nominate an office for agency management
33(4) Application for international production order—enforcement of
Chief officer has the power to nominate an office
Nomination under subclause (4) is not a legislative instrument.
33(5) Application for international production order—enforcement of
34 Subsections 6D(3) and (4)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.65
34 Form of application
34(1) Form of application
Application by telephone permitted under urgent circumstances.
34(2) Form of application
Authorises persons to make applications on behalf of the agency.
34(3) Form of application
...authorise persons (including classes of persons) for the purposes of subclause (2).
(3) The chief officer of a criminal law-enforcement agency may, in writing...
...each person must be entitled under clause 33 to make applications on the agency’s behalf.
Knowledge representation for authorisation
(3) The chief officer of a criminal law-enforcement agency may, in writing, authorise persons...
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.11
34AA Disclosure of IPO information to the Ombudsman and the
Disclosure of IPO information to an Ombudsman official under certain conditions.
34AA(1) Disclosure of IPO information to the Ombudsman and the
Disclosure during satisfactory arrangements for protecting IPO information
(b) the Inspector-General is satisfied on reasonable grounds that the Ombudsman has satisfactory arrangements in place for protecting the information.
Satisfactory arrangements for protecting IPO information
Disclosure for Ombudsman's functions or powers
(a) the information is relevant to the Ombudsman’s functions or powers;
Disclosure of IPO information to Australian Designated Authority official under certain conditions.
34AA(2) Disclosure of IPO information to the Ombudsman and the
Disclosure during reasonable grounds satisfaction period
the Inspector-General is satisfied on reasonable grounds that the Australian Designated Authority has satisfactory arrangements in place for protecting the information
Obligation to disclose IPO information under certain conditions
Disclosure of IPO information to the Ombudsman and the Australian Designated Authority official.
34AA(3) Disclosure of IPO information to the Ombudsman and the
(3) In this section: Australian Designated Authority official means: (a) the Australian Designated Authority; or (b) a person who: (i) 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.
(3) In this section: IPO information means: Schedule 1 Amendments
Defined by Schedule 1 to the Telecommunications (Interception and Access) Act 1979.
Inserts a provision stating that an appointment under subsection (1) has no effect for the purposes of Schedule 1.
35 After subsection 6DB(3)
Application must provide agency name and applicant name.
35 Contents of written application
36 Subsection 6DB(4)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.66
36 Affidavits to accompany written application
36(1) Affidavits to accompany written application
36(2) Affidavits to accompany written application
Allow written application with multiple affidavits
36(3) Affidavits to accompany written application
37 Subsection 6E(1)
Information to be given on telephone application
37 Information to be given on telephone application
Reference to lawfully intercepted information excludes international production order references.
38 At the end of section 6E
38 Giving further information to issuing authority
Issuing authority may require further information.
38(1) Giving further information to issuing authority
Must provide further information on oath or otherwise as directed by the issuing authority.
38(2) Giving further information to issuing authority
Exclude international production orders from lawfully intercepted information
39 Section 6P
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.67
39 Issue of international production order—enforcement of the
Enforcement of international production order against a particular person
39(1) Issue of international production order—enforcement of the
Defines the temporal interval for enforcement
Prohibits enforcement of international production order
(a) is in respect of a particular person (the relevant person); and (b) is directed to a prescribed communications provider.
Prohibition on storing certain communications
39(2) Issue of international production order—enforcement of the
...that there are reasonable grounds for suspecting that the prescribed communications provider holds any of the following stored communications:
Specifies the time period during which the prohibition applies
(2) If the issuing authority is satisfied...
Specifies how the prohibition applies to the communication network
Forbids the storage of certain communications
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.35
3A Disallowance of regulations relating to designated international
Disallowance of regulations relating to designated international
3A(1) Disallowance of regulations relating to designated international
Resolution to disallow regulations must be passed within 15 sitting days after notice is given.
3A(2) Disallowance of regulations relating to designated international
Obligation to pass resolution within time frame.
3A(3) Disallowance of regulations relating to designated international
...the regulations takes effect on the day immediately after...
Temporal interval for regulation disallowance
(3) If neither House passes such a resolution...
Regulations disallowed if not passed by both Houses
Recurring trace for regulation disallowance
3A(4) Disallowance of regulations relating to designated international
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.36
3B Statutory requirements certificate—designated international
Statutory requirements certificate—designated international agreement
3B(1) Statutory requirements certificate—designated international
(1) This section applies if: (a) there is an agreement between Australia and one or more foreign countries; and (b) 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.
Agreement implies designated international agreement
The Attorney-General must issue a statutory requirements certificate.
3B(2) Statutory requirements certificate—designated international
Must provide a statutory requirements certificate.
A statutory requirements certificate is a notifiable instrument.
3B(3) Statutory requirements certificate—designated international
The Attorney-General must not issue a statutory requirements certificate in relation to certain foreign countries or agreements.
3B(4) Statutory requirements certificate—designated international
Prohibition of issuing a statutory requirements certificate
The Attorney-General must not issue a statutory requirements certificate
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.38
Nothing in this Schedule is intended to modify or limit the application of Australia’s treaty-making process.
3C Australia’s treaty-making process
Prevents modification or limitation of Australia’s treaty-making process.
Report must include statistics about applications made by the Organisation under certain clauses of Schedule 1.
4 After subsection 94(2BB)
4 Message application service
4(1) Message application service
It is immaterial whether the service also enables end-users to send or receive messages to or from persons (other than end-users) using a transmission service.
4(2) Message application service
No person provides a message application service merely because they supply a transmission service.
4(3) Message application service
No provision of a message application service
Obligation to provide a message application service
The person supplies a transmission service that enables messages to be sent or received.
No provision of a message application service solely because of other services.
4(4) Message application service
Must include statistics about applications made by the Organisation under certain clauses of Schedule 1.
Permits compliance with international production order
40 After paragraph 7(2)(bb)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.71
40 Content of international production order
Content of international production order
40(1) Content of international production order
The order must be signed by the issuing authority.
40(2) Content of international production order
40(3) Content of international production order
Communications provider must make copy available to agency in specified way if order directs so.
40(4) Content of international production order
Prohibits making copy available to agency unless order directs so.
Requirement for criminal law-enforcement agency access to stored communications
40(5) Content of international production order
41 After paragraph 108(2)(cb)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.72
Issue of further international production order under clause 39 that is in respect of the person and directed to the provider.
41 Issue of further international production order
Grants permission to comply with international production order
42 After section 299
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.73
42 Application for international production order—enforcement of
Enforcement agency may apply for international production order
42(1) Application for international production order—enforcement of
42(2) Application for international production order—enforcement of
Authorized officer must make application on behalf of agency.
42(3) Application for international production order—enforcement of
Application must be made on behalf of agency.
Must provide authorized officer's signature.
43 At the end of the Act
43 Form of application
43(1) Form of application
Telephone application permitted under urgent circumstances
43(2) Form of application
Chief officer may authorise persons for enforcement agency purposes.
43(3) Form of application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.74
44 Contents of written application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.229
Amendment of subsection 6D(3) applies in relation to declarations made after commencement.
44 Application—declaration of eligible Judges
45 Affidavits to accompany written application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.230
Omit 'Federal Circuit Court of Australia', substitute 'Federal Circuit and Family Court of Australia'.
45 Subclause 126(3) of Schedule 1
Prohibition on using outdated court name
45(1) Affidavits to accompany written application
Affidavit must set out facts and grounds for application
45(2) Affidavits to accompany written application
45(3) Affidavits to accompany written application
Information must be provided on telephone application
46 Information to be given on telephone application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.231
Substitution of 'Minister' for 'Attorney-General'
46 Subsection 42(6)
47 Giving further information to issuing authority
47 Subsection 6DA(1)
47(1) Giving further information to issuing authority
Temporal relation between issuing authority and providing further information
(1) An issuing authority may require further information to be given in connection with an application under clause 42 to the issuing authority for an international production order.
Artificial agent's obligation to provide information
Diffusion of obligation to provide information
Must provide further information on oath or as directed by the issuing authority.
47(2) Giving further information to issuing authority
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.75
48 Issue of international production order—enforcement of the
48 Subsection 6DA(4)
Enforcement agency must apply under clause 42 to issuing authority for international production order.
48(1) Issue of international production order—enforcement of the
...for an international production order
Temporal interval of enforcement agency's application is greater than or equal to temporal interval of issuing authority's request
Enforcement agency must apply under clause 42
Issue of international production order—enforcement of the
48(2) Issue of international production order—enforcement of the
There are reasonable grounds for suspecting that the prescribed communications provider holds or is likely to commence holding certain telecommunications data
Issuing authority's satisfaction during application process
State has obligation to enforce international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.78
49 Content of international production order
Redundant references to Part 3-3 of the Telecommunications (Interception and Access) Act 1979
49 Transitional—nomination of AAT member
This clause applies to an international production order issued under clause 48 in response to an application made by an enforcement agency.
49(1) Content of international production order
49(2) Content of international production order
49(3) Content of international production order
Order may require provider to disclose data in a specified way.
49(4) Content of international production order
Disclosure of telecommunications data to enforcement agency
49(5) Content of international production order
Permission to disclose telecommunications data
require that the telecommunications data be disclosed to the enforcement agency indirectly via the Australian Designated Authority.
49(6) Content of international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.10
Insert clause 152 of Schedule 1 after sections 63 and 133 of the Inspector-General of Intelligence and Security Act 1986.
5 Schedule 3
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.39
5 Voice call application service
Definition of voice call application service
5(1) Voice call application service
It is immaterial whether the service also enables end-users to make or receive voice calls to or from persons (other than end-users) using a transmission service.
5(2) Voice call application service
There is an interval during which the service must enable this feature.
Defines a temporal relationship between the service and its users.
The service enables end-users to make or receive voice calls at some point.
There is a cognitive process involved in providing this feature.
Describes a cognitive process related to the service.
The service enables end-users to make or receive voice calls.
The service provider has an obligation to provide this feature.
States an obligation for the service provider.
The service must enable end-users to make or receive voice calls.
Describes a temporal relationship between the service and its users.
There is a semantic relationship between the service and its users.
Describes a semantic relationship between the service and its users.
No provision of a voice call application service just because supplying a transmission service.
5(3) Voice call application service
No obligation to provide voice call application service
No provision of a voice call application service solely by providing billing or fee collection services.
5(4) Voice call application service
Prohibits provision of a voice call application service solely by providing billing or fee collection services.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.79
Issue of further international production order under certain conditions.
50 Issue of further international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.80
International production orders for monitoring purposes
51 Simplified outline of this Part
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.81
52 Application for international production order—control order
Application for international production order under control order
52(1) Application for international production order—control order
Temporal interval for application submission
Application must be submitted under clause 60
52(2) Application for international production order—control order
52(3) Application for international production order—control order
Application must be made on behalf of the agency
Nomination of office or position in the agency for management purposes
52(4) Application for international production order—control order
53 Form of application
(1) Subject to subclause (2), an application under clause 52 for an international production order must be in writing.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.82
54 Contents of application
55 Affidavits to accompany written application
55(1) Affidavits to accompany written application
55(2) Affidavits to accompany written application
55(3) Affidavits to accompany written application
Affidavit must provide information about previous applications and orders.
55(4) Affidavits to accompany written application
Affidavit must provide required information.
55(5) Affidavits to accompany written application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.83
Information must be provided to an eligible Judge or nominated AAT member on telephone application.
56 Information to be given on telephone application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.84
57 Giving further information to eligible Judge or nominated AAT
57(1) Giving further information to eligible Judge or nominated AAT
Eligible Judge or nominated AAT member must receive further information on oath or otherwise.
57(2) Giving further information to eligible Judge or nominated AAT
58 Application by control order IPO agency of Victoria
Application by control order IPO agency of Victoria
58(1) Application by control order IPO agency of Victoria
58(2) Application by control order IPO agency of Victoria
The Victorian PIM may question certain persons in the presence of an eligible Judge or nominated AAT member.
58(3) Application by control order IPO agency of Victoria
Questioning persons in the presence of an eligible Judge or nominated AAT member
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.85
59 Application by control order IPO agency of Queensland
Application of clause to control order IPO agency of Queensland
59(1) Application by control order IPO agency of Queensland
...that is in respect of: (a) one or more individual transmission services;
Clause applies under specific temporal conditions
...under clause 52, to an eligible Judge or nominated AAT member for an international production order under clause 60...
...to an eligible Judge or nominated AAT member
...for an international production order under clause 60 that is in respect of: (a) one or more individual transmission services;
...to an eligible Judge or nominated AAT member for an international production order under clause 60 that is in respect of: (a) one or more individual transmission services;
under clause 52, to an eligible Judge or nominated AAT member for an international production order under clause 60 that
A Queensland PIM may make submissions to the eligible Judge or nominated AAT member.
59(2) Application by control order IPO agency of Queensland
Amendments Schedule 1 General amendments Part 1
5A After section 34
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.12
Conditional commencement of Schedule 1 to the Telecommunications (Interception and Access) Act 1979
5B After paragraph 29(1)(be)
The Attorney-General may authorise provision of material to the ICC under certain conditions.
6 After subsection 69A(1)
6 Video call application service
6(1) Video call application service
It is immaterial whether the service also enables end-users to make or receive video calls to or from persons (other than end-users) using a transmission service.
6(2) Video call application service
No provision of a video call application service solely because supplying a transmission service.
6(3) Video call application service
No obligation to provide video call application service
the investigation meets the temporal relation
The investigation is into an offence punishable by a maximum penalty of imprisonment for 7 years or more, or imprisonment for life
the Attorney-General may provide the material
The Attorney-General authorizes provision of material to the ICC
the Attorney-General satisfies the condition
The Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC
the Attorney-General possesses the material
The Attorney-General is satisfied that the material is lawfully in the possession of a law enforcement agency
the material is classified as protected information
Material is classified as protected information
the material is or includes protected information (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.86
60 Issue of international production order—control order
Control order IPO agency applies to an eligible Judge or nominated AAT member for an international production order.
60(1) Issue of international production order—control order
Prohibits issuing an international production order.
(1) This clause applies if a control order IPO agency applies...
Eligible Judge or nominated AAT member must be satisfied on the basis of information given to them that certain conditions are met.
60(2) Issue of international production order—control order
Eligible Judge or nominated AAT member must have knowledge of the information given to them.
The application must be supported by a trace.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.96
61 Content of international production order
This clause applies to an international production order issued under clause 60 in response to an application made by a control order IPO agency.
61(1) Content of international production order
Clause applies to international production orders
61(2) Content of international production order
International production order must contain specific information.
61(3) Content of international production order
Communications provider must intercept communications in a specified way and make them available to the control order IPO agency.
61(4) Content of international production order
Prohibits intercepting communications without a specified way.
Requires communications provider to intercept communications in a specified way.
Exempt intercepted communications from direct availability to IPO agency.
61(5) Content of international production order
Prescribed communications provider must intercept messages, voice calls or video calls in a specified way.
61(6) Content of international production order
...the provider must: (a) intercept those messages, voice calls or video calls in a specified way;
Intercepts messages, voice calls or video calls within a specified time frame.
(6) If the order directs a prescribed communications provider to intercept messages, voice calls or video calls...
Intercepts messages, voice calls or video calls by using prescribed AI algorithms.
Prohibits intercepting messages, voice calls or video calls in a specified way.
Intercepts messages, voice calls or video calls through a prescribed communications provider.
Intercepts messages, voice calls or video calls until a specified condition is met.
Exempting intercepted messages from direct availability to IPO agency
61(7) Content of international production order
Temporal overlap between direct and indirect availability
(a) require that intercepted messages, voice calls or video calls be made available to the control order IPO agency directly; (b) require that intercepted messages, voice calls or video calls be made available to the control order IPO agency indirectly via the Australian Designated Authority.
Granting permission for indirect availability
(b) require that intercepted messages, voice calls or video calls be made available to the control order IPO agency indirectly via the Australian Designated Authority.
Enabling indirect availability of intercepted messages
Provider must disclose data in a specified way if required by the order.
61(8) Content of international production order
Permission to disclose data in a specified way.
Disclosure of telecommunications data to IPO agency directly is permitted.
61(9) Content of international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.98
62 Issue of further international production order
62(1) Issue of further international production order
Allows issue of further international production order.
62(2) Issue of further international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.99
63 Application for international production order—control order
63(1) Application for international production order—control order
Application must be made before the prescribed communications provider is affected
(1) A control order IPO agency may apply...
Application implies a duty to obtain an international production order
IPO agency recognizes its duty to obtain an international production order
Control order diffuses to the issuing authority
63(2) Application for international production order—control order
63(3) Application for international production order—control order
Chief officer must be acting in an office or position in the agency
Chief officer is referred to in subclause 22(3)
Agency must be referred to as a person or officer
Agency refers to a person or officer if not referred to in subclause 22(3)
Agency is referred to in subclause 22(3)
63(4) Application for international production order—control order
63(5) Application for international production order—control order
64 Form of application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.100
65 Contents of written application
66 Affidavits to accompany written application
Affidavit required for written application under clause 63.
66(1) Affidavits to accompany written application
66(2) Affidavits to accompany written application
66(3) Affidavits to accompany written application
67 Information to be given on telephone application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.101
68 Giving further information to issuing authority
68(1) Giving further information to issuing authority
Provide further information on oath or as directed by the issuing authority.
68(2) Giving further information to issuing authority
69 Issue of international production order—control order
Control order IPO agency must not apply under clause 63 to an issuing authority for an international production order that is in respect of a particular person and directed to a prescribed communications provider.
69(1) Issue of international production order—control order
...and is directed to a prescribed communications provider.
Temporal interval for issuing authority and communications provider
(a) is in respect of a particular person (the relevant person); and
Inference of issuing authority and communications provider classification
Prohibition of application under clause 63
(1) This clause applies if a control order IPO agency applies, under clause 63...
Diffusion of control order IPO agency application
Recurring trace for issuing authority and communications provider
Authority must be satisfied on the basis of given information.
69(2) Issue of international production order—control order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.13
Omit 'The authorisation', substitute 'An authorisation under subsection (1) or (1A)'
7 Subsection 69A(2)
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.40
7 Storage/back-up service
7(1) Storage/back-up service
storage/back-up service means a service that enables end-users to store or back-up material
Applies to explicit class/type/subclass hierarchies
No storage/back-up service provided solely by supplying a transmission service.
7(2) Storage/back-up service
Obligation to provide storage/back-up service
No storage/back-up service provided solely by billing or fee collection services.
7(3) Storage/back-up service
Obligation to provide a storage/back-up service
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.106
70 Content of international production order
This clause applies to an international production order issued under clause 69 in response to an application made by a control order IPO agency.
70(1) Content of international production order
70(2) Content of international production order
70(3) Content of international production order
Communications provider must make copy available to agency in specified way
70(4) Content of international production order
Prohibits communications provider from withholding information
Requirement to make stored communications available to the control order IPO agency.
70(5) Content of international production order
Requires making stored communications available.
70(6) Content of international production order
70(7) Content of international production order
Specifies how to deal with matters of timing in international production orders.
70(8) Content of international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.107
Conditional commencement of further international production order
71 Issue of further international production order
Requires relation between identifiable temporal intervals for conditional commencement
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.108
72 Application for international production order—control order
72(1) Application for international production order—control order
State has obligation to issue international production order
72(2) Application for international production order—control order
Application must be made on behalf of the agency by an authorised officer.
72(3) Application for international production order—control order
73 Form of application
73(1) Form of application
73(2) Form of application
Authorise persons for the purposes of subclause (2)
73(3) Form of application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.109
74 Contents of written application
75 Affidavits to accompany written application
Affidavit required for written application under clause 72.
75(1) Affidavits to accompany written application
75(2) Affidavits to accompany written application
75(3) Affidavits to accompany written application
76 Information to be given on telephone application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.110
77 Giving further information to issuing authority
77(1) Giving further information to issuing authority
77(2) Giving further information to issuing authority
78 Issue of international production order—control order
Control order IPO agency must not apply under clause 72 to an issuing authority for an international production order that is in respect of a particular person and directed to a prescribed communications provider.
78(1) Issue of international production order—control order
The clause applies if the issuing authority has an international production order that overlaps with the control order IPO agency's application under clause 72.
The control order IPO agency must recognize the individual or entity as a particular person for the purposes of this clause.
The control order IPO agency must not apply under clause 72 to an issuing authority for an international production order that is in respect of a particular person and directed to a prescribed communications provider.
The control order IPO agency must not apply under clause 72 to an issuing authority for an international production order that is recurring in nature.
The control order IPO agency must validate the issuing authority's application under clause 72 against this schema.
Control order is in force if there are reasonable grounds for suspecting the communications provider holds certain data.
78(2) Issue of international production order—control order
Telecommunications data is related to a message/call application service used or 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
Reasonable grounds exist for suspecting the communications provider holds certain data
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
The person who made the application reasonably suspects the communications provider is based in a foreign country
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 Schedule 1 country
Telecommunications data is related to a storage/back-up service used or likely to be used by the relevant person
telecommunications data 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-legislation-amendment-international-production-orders-act-2021.pdf, p.114
79 Content of international production order
This clause applies to an international production order issued under clause 78 in response to an application made by a control order IPO agency.
79(1) Content of international production order
79(2) Content of international production order
Must set out specific information in an international production order
79(3) Content of international production order
79(4) Content of international production order
79(5) Content of international production order
79(6) Content of international production order
8 Subsection 5(1) (paragraph (c) of the definition of law
8 General electronic content service
Definition of general electronic content service
8(1) General electronic content service
No general electronic content service merely because supplying a transmission service enables material to be accessed or delivered.
8(2) General electronic content service
No provision of a general electronic content service solely because of billing or fee collection services.
8(3) General electronic content service
The provision does not restrict the scope of a general electronic content service solely to billing or fee collection services.
(3) For the purposes of this Schedule, a person does not provide a general electronic content service merely because the person provides a billing service, or a fee collection service, in relation to a general electronic content service.
Obligation to not provide a general electronic content service solely because of billing or fee collection services.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.115
80 Issue of further international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.116
81 Notification to Ombudsman by control order IPO agencies in
Notification to Ombudsman, copy of order
Notify Ombudsman within 3 months after international production order is issued.
81(1) Notification to Ombudsman by control order IPO agencies in
Chief officer must notify Ombudsman of contravention within a timeframe.
81(2) Notification to Ombudsman by control order IPO agencies in
Notification to Ombudsman by control order IPO agencies
81(3) Notification to Ombudsman by control order IPO agencies in
International production orders may be issued for purposes in connection with the carrying out by the Organisation of its functions.
82 Simplified outline of this Part
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.117
83 Application for international production order—national
Application for international production order—national
83(1) Application for international production order—national
83(2) Application for international production order—national
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.120
84 Form of application
84(1) Form of application
Application must be submitted during a specific time period.
(1) Subject to subclause (2), an application under clause 83 for an international production order must be in writing.
84(2) Form of application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.121
Written application must set out Organisation's name and person making the application on behalf of the Organisation.
85 Contents of application
Application must be made by the Organisation.
86 Affidavits to accompany written application
Affidavit required for written application under clause 83
86(1) Affidavits to accompany written application
86(2) Affidavits to accompany written application
Must provide information about previous applications and orders
86(3) Affidavits to accompany written application
Information about previous applications and orders within Organisation's records
(3) If the application is for an international production order in respect of one or more individual transmission services, the affidavit must set out the following information...
Information about Organisation's use of intercepted communications
Affidavit must provide information on previous applications for international production orders.
86(4) Affidavits to accompany written application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.122
Information must be provided to AAT Security Division member
87 Information to be given on telephone application
88 Giving further information to nominated AAT Security Division
Member may require further information for an application under clause 83.
88(1) Giving further information to nominated AAT Security Division
Must provide further information on oath or orally as directed by the nominated AAT Security Division member.
88(2) Giving further information to nominated AAT Security Division
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.123
89 Issue of international production order—national security
Prohibition on issuing international production order for certain services
89(1) Issue of international production order—national security
...an international production order that: ... is directed to a prescribed communications provider.
Condition on issuance of international production order
(1) This clause applies if the Organisation applies, under clause 83...
...a nominated AAT Security Division member for an international production order that: ...
Condition on nominated AAT Security Division member
Prohibits issuance of international production order
Suspicion of ownership or operation of a telecommunications network
89(2) Issue of international production order—national security
the application, that: (a) in the case of an application for an international production order...
...the prescribed communications provider owns or operates a telecommunications network that is, or is likely to be...
the person who made the application on behalf of the Organisation reasonably suspects
...the prescribed communications provider supplies those individual transmission services;
the information given to the nominated AAT Security Division member under this Division in connection with the application
9 Subsection 3(1)
Material posted on a general electronic content service must be accessible to or delivered to other end-users.
9 When material is posted on a general electronic content service
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.129
90 Content of international production order
This clause applies to an international production order issued under clause 89.
90(1) Content of international production order
90(2) Content of international production order
90(3) Content of international production order
Communications provider must intercept communications in a specified way and make them available to the Organisation.
90(4) Content of international production order
...the order may require the provider to: (a) intercept those communications in a specified way; and (b) make those intercepted communications available to the Organisation in a specified way.
Identifies the provision's temporal overlap with interception.
(4) If the order directs a prescribed communications provider to intercept communications...
Diffuses the provision's application to multiple providers.
Traces the provision's application to intercepting communications.
Exempted from direct provision to Organisation
90(5) Content of international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.130
91 Issue of further international production order
91(1) Issue of further international production order
91(2) Issue of further international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.131
92 Application for international production order—national
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.134
93 Form of application
93(1) Form of application
93(2) Form of application
94 Contents of written application
95 Affidavits to accompany written application
95(1) Affidavits to accompany written application
95(2) Affidavits to accompany written application
95(3) Affidavits to accompany written application
96 Information to be given on telephone application
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.135
97 Giving further information to nominated AAT Security Division
Member may require further information for an application under clause 92.
97(1) Giving further information to nominated AAT Security Division
Must provide further information on oath or otherwise
97(2) Giving further information to nominated AAT Security Division
International production order directed to a prescribed communications provider is subject to national security review.
98 Issue of international production order—national security
Imposes a duty on the Organisation to review international production orders.
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.139
99 Content of international production order
This clause applies to an international production order issued under clause 98.
99(1) Content of international production order
99(2) Content of international production order
99(3) Content of international production order
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.5
1 Short title
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.6
1 Section 1
1 September
Commencement rules for provisions in the Act.
2 Commencement
2 Section 2
23 July 2021
24 July 2021
3 Section 3
telecommunications-legislation-amendment-international-production-orders-act-2021.pdf, p.7
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
4 Section 4
An Act to amend the Telecommunications (Interception and Access) Act 1979, and for other purposes
Telecommunications Legislation Amendment (International Production Orders) Act 2021