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
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