Schedule 1 Preservation regime for stored communications
107M Persons who act on the issuing agency’s behalf
Historic domestic preservation notices
(1) An historic domestic preservation notice may only be given or
revoked on behalf of an issuing agency by:
(a) if the issuing agency is an enforcement agency—a person
who may, under section 110, apply on the agency’s behalf for
a stored communications warrant to access the stored
communications covered by the notice; and
(b) if the issuing agency is the Organisation—a certifying
person.
Ongoing domestic preservation notices
(2) An ongoing domestic preservation notice may only be given on
behalf of an issuing agency by:
(a) if the issuing agency is an enforcement agency that is an
interception agency—an authorised officer of the agency; and
(b) if the issuing agency is the Organisation—the
Director-General of Security.
(3) An ongoing domestic preservation notice may only be revoked on
behalf of an issuing agency by:
(a) if the issuing agency is an enforcement agency that is an
interception agency—an authorised officer of the agency; and
(b) if the issuing agency is the Organisation—a certifying
person.
Division 3—Foreign preservation notices
107N When a foreign preservation notice can be given
(1) If the Australian Federal Police receives a request in accordance
with section 107P, the Australian Federal Police must give the
carrier to which the request relates a written notice (a foreign
preservation notice) requiring the carrier to preserve, while the
notice is in force, all stored communications that:
(a) relate to the person or telecommunications service specified
in the notice; and
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Cybercrime Legislation Amendment Act 2012
No. 120, 2012
ComLaw Authoritative Act C2012A00120