Schedule 1 Preservation regime for stored communications
will apply for a Part 2-5 warrant or a stored communications
warrant to access those communications; and
(e) for an ongoing domestic preservation notice—there is not
another ongoing domestic preservation notice in force that:
(i) was given by the agency to the same carrier; and
(ii) specifies the same person or telecommunications
service.
Notices given by the Organisation
(2) A domestic preservation notice may be given under subsection
107H(1) if:
(a) the issuing agency is the Organisation; and
(b) the Organisation considers that there are reasonable grounds
for suspecting that, in the relevant period for the notice, there
are stored communications in existence, or stored
communications might come into existence, that:
(i) might assist the Organisation in carrying out its function
of obtaining intelligence relating to security; and
(ii) relate to the person or telecommunications service
specified in the notice; and
(c) the Organisation intends that if, at a later time, the
Organisation considers that the stored communications would
be likely to assist in carrying out that function, then the
Director-General of Security will request a Part 2-2 warrant
to access those communications; and
(d) for an ongoing domestic preservation notice—there is not
another ongoing domestic preservation notice in force that:
(i) was given by the Organisation to the same carrier; and
(ii) specifies the same person or telecommunications
service.
107K When a domestic preservation notice is in force
A domestic preservation notice:
(a) comes into force when the carrier receives it; and
(b) ceases to be in force at the earliest of the following times:
(i) the end of the period of 90 days, starting on the day the
carrier receives it;
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Cybercrime Legislation Amendment Act 2012
No. 120, 2012
ComLaw Authoritative Act C2012A00120