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
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