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Legislation in schedules is amended or repealed according to its terms.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