Amendments relating to Mutual Assistance Schedule 2
Stored communications Part 1
(2A) In the case of a mutual assistance application, the matters to which
the issuing authority must have regard are:
(a) how much the privacy of any person or persons would be
likely to be interfered with by accessing those stored
communications under a stored communications warrant; and
(b) the gravity of the conduct constituting the serious foreign
contravention; and
(c) how much the information referred to in
subparagraph (1)(d)(ii) would be likely to assist in
connection with the investigation, to the extent that this is
possible to determine from information obtained from the
foreign country to which the application relates.
14 Subsection 116(3)
After “contravention”, insert “or serious foreign contravention, but
cannot relate to both a serious contravention and a serious foreign
contravention”.
15 Subsection 118(3)
After “contravention”, insert “or serious foreign contravention”.
16 Subsection 118(3)
Omit “paragraph 116(1)(d)”, substitute “subparagraph 116(1)(d)(i) or
(ii), as the case may be”.
17 Subsection 139(1)
After “(2)”, insert “or (4A)”.
18 Subsection 139(2)
Omit “The”, substitute “In the case of information obtained by the
agency other than through the execution of a warrant issued as a result
of a mutual assistance application, the”.
19 After subsection 139(4)
Insert:
(4A) In the case of information obtained by the agency through the
execution of a warrant issued as a result of a mutual assistance
application, the purposes are purposes connected with:
Cybercrime Legislation Amendment Act 2012
ComLaw Authoritative Act C2012A00120
No. 120, 2012
25