Amendments relating to Mutual Assistance Schedule 2
Stored communications Part 1
under section 110 of the Telecommunications (Interception and
Access) Act 1979 if the Attorney-General is satisfied that:
(a) an investigation, or investigative proceeding, relating to a
criminal matter involving an offence against the law of a
foreign country (the requesting country) has commenced in
the requesting country; and
(b) the offence to which the investigation, or investigative
proceeding, relates is punishable by a maximum penalty of:
(i) imprisonment for 3 years or more, imprisonment for life
or the death penalty; or
(ii) a fine of an amount that is at least equivalent to 900
penalty units; and
(c) there are reasonable grounds to believe that stored
communications relevant to the investigation, or investigative
proceeding, are held by a carrier; and
(d) the requesting country has requested the Attorney-General to
arrange for access to the stored communications.
Note:
Information obtained under the warrant may only be communicated to
the requesting country on certain conditions: see subsection 142A(1)
of the Telecommunications (Interception and Access) Act 1979.
Telecommunications (Interception and Access) Act 1979
5 Subsection 5(1)
Insert:
investigative proceeding has the same meaning as in the Mutual
Assistance in Criminal Matters Act 1987.
6 Subsection 5(1)
Insert:
mutual assistance application means an application for a stored
communications warrant made as a result of an authorisation under
section 15B of the Mutual Assistance in Criminal Matters Act
1987.
7 After section 5E
Insert:
Cybercrime Legislation Amendment Act 2012
ComLaw Authoritative Act C2012A00120
No. 120, 2012
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