Amendments relating to Mutual Assistance Schedule 2
Telecommunications data Part 2
(3) The authorised officer must not make the authorisation unless:
(a) the Attorney-General has authorised the making of the
authorisation under the Mutual Assistance in Criminal
Matters Act 1987; and
(b) the authorised officer is satisfied that the disclosure is
reasonably necessary for the investigation of an offence
against the law of a foreign country that:
(i) is punishable by imprisonment for 3 years or more,
imprisonment for life or the death penalty; or
(ii) involves an act or omission that, if it had occurred in
Australia, would have constituted a serious offence
within the meaning of section 5D of the
Telecommunications (Interception and Access) Act
1979; and
(c) the authorised officer is satisfied that the disclosure is
appropriate in all the circumstances.
(4) An authorised officer of the Australian Federal Police must revoke
the authorisation if he or she is satisfied that the disclosure is no
longer required.
Note:
Section 184 deals with notification of revocations.
(5) An authorisation under subsection (2):
(a) comes into force at the time the person from whom the
disclosure is sought receives notification of the authorisation;
and
(b) ceases to be in force at the time specified in the authorisation,
which must not be more than 21 days after the day the
authorisation is made, or that period as extended under
subsection (6), unless it is revoked earlier.
Note:
Section 184 deals with notification of authorisations.
Extension of prospective authorisation
(6) The period for which an authorisation under subsection (2) is in
force may be extended once only, by an authorised officer of the
Australian Federal Police, if the authorised officer is satisfied that
the extension is:
(a) reasonably necessary for the investigation of an offence
against the law of a foreign country that:
Cybercrime Legislation Amendment Act 2012
ComLaw Authoritative Act C2012A00120
No. 120, 2012
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