Preservation regime for stored communications Schedule 1 (b) the carrier holds at any time during: (i) the period that starts at the time the carrier receives the notice and ends at the end of the day the carrier receives the notice (in which case the notice is an historic domestic preservation notice); or (ii) the period that starts at the time the carrier receives the notice and ends at the end of the 29th day after the day the carrier receives the notice (in which case the notice is an ongoing domestic preservation notice). (2) However, the agency can only give the notice if the conditions in subsection 107J(1) or (2) are satisfied. (3) In the notice, the agency can only specify: (a) one person; or (b) one or more telecommunications services; or (c) one person and one or more telecommunications services. 107J Conditions for giving domestic preservation notices Notices given by enforcement agencies or interception agencies (1) A domestic preservation notice may be given under subsection 107H(1) if: (a) the issuing agency is: (i) for an historic domestic preservation notice—an enforcement agency; and (ii) for an ongoing domestic preservation notice—an enforcement agency that is an interception agency; and (b) the agency is investigating a serious contravention; and (c) the agency considers that there are reasonable grounds for suspecting that, in the relevant period for the notice, there are stored communications in existence, or stored communications might come into existence, that: (i) might assist in connection with the investigation; and (ii) relate to the person or telecommunications service specified in the notice; and (d) the agency intends that if, at a later time, the agency considers that the stored communications would be likely to assist in connection with the investigation, then the agency Cybercrime Legislation Amendment Act 2012 ComLaw Authoritative Act C2012A00120 No. 120, 2012 9

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