Preservation regime for stored communications Schedule 1 (ii) the person or telecommunications service to which a preservation notice relates. 17 Chapter 3 (heading) Repeal the heading, substitute: Chapter 3—Preserving and accessing stored communications 18 Before Part 3-1 Insert in Chapter 3: Part 3-1A—Preserving stored communications Division 1—Outline of this Part 107G Outline of this Part This Part establishes a system of preserving certain stored communications that are held by a carrier. The purpose of the preservation is to prevent the communications from being destroyed before they can be accessed under certain warrants issued under this Act. Under the system, certain agencies can give a preservation notice to a carrier requiring the carrier to preserve all stored communications that the carrier holds that relate to the person or telecommunications service specified in the notice. The carrier will breach its obligations under section 313 of the Telecommunications Act 1997 if it does not comply with the notice. There are 2 types of preservation notices: domestic preservation notices (which cover stored communications that might relate either to a contravention of certain Australian laws or to security) and foreign preservation notices (which cover stored communications that might relate to a contravention of certain foreign laws). Division 2 deals with domestic preservation notices. There are 2 kinds of domestic preservation notices: Cybercrime Legislation Amendment Act 2012 ComLaw Authoritative Act C2012A00120 No. 120, 2012 7

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