Preservation regime for stored communications Schedule 1
(a) a foreign country makes a request under section 107P to
preserve stored communications that are held by a carrier;
and
(b) in response to the request, the Australian Federal Police gives
a foreign preservation notice to the carrier in relation to those
stored communications under subsection 107N(1); and
(c) the foreign country makes a request to the Attorney-General
under paragraph 15B(d) of the Mutual Assistance in Criminal
Matters Act 1987 to arrange for access to those
communications; and
(d) the Attorney-General refuses that request;
then the Australian Federal Police must, by the third working day
after it is notified of the refusal, revoke the preservation notice by
giving the carrier to whom it was given written notice of the
revocation.
(3) If:
(a) a foreign country makes a request under section 107P to
preserve stored communications that are held by a carrier;
and
(b) in response to the request, the Australian Federal Police gives
a foreign preservation notice to the carrier in relation to those
stored communications under subsection 107N(1); and
(c) the foreign country withdraws the request;
then the Australian Federal Police must, by the third working day
after it is notified of the withdrawal, revoke the preservation notice
by giving the carrier to whom it was given written notice of the
revocation.
107S Persons who act on the AFP’s behalf
A foreign preservation notice must be given or revoked on behalf
of the Australian Federal Police by an authorised officer of the
Australian Federal Police.
Division 4—Provisions relating to preservation notices
107T Evidentiary certificates relating to actions by carriers
(1) The following:
Cybercrime Legislation Amendment Act 2012
ComLaw Authoritative Act C2012A00120
No. 120, 2012
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