Schedule 1 Preservation regime for stored communications
(a) historic domestic preservation notices, which cover stored
communications held by the carrier on a particular day; and
(b) ongoing domestic preservation notices, which cover stored
communications held by the carrier in a particular 30-day
period.
An issuing agency (which is an enforcement agency or the
Organisation for an historic domestic preservation notice, and an
interception agency or the Organisation for an ongoing domestic
preservation notice) can only give a domestic preservation notice if
the conditions in section 107J are satisfied. There are certain
grounds on which the notice must be revoked (see section 107L).
Division 3 deals with foreign preservation notices. Foreign
preservation notices, like historic domestic preservation notices,
cover stored communications held by the carrier on a particular
day. Only the Australian Federal Police can give a foreign
preservation notice to a carrier and it can only do so if a foreign
country has made a request for the preservation in accordance with
section 107P. There are certain grounds on which the notice must
be revoked (see section 107R).
Division 4 has miscellaneous provisions relating to both domestic
and foreign preservation notices (such as provisions about the
giving of evidentiary certificates by carriers and issuing agencies).
The Ombudsman has functions in relation to preservation notices
given by issuing agencies (other than the Organisation) and the
Inspector-General of Intelligence and Security has functions in
relation to preservation notices given by the Organisation.
Division 2—Domestic preservation notices
107H Domestic preservation notices
(1) An issuing agency may give a carrier a written notice (a domestic
preservation notice) requiring the carrier to preserve, while the
notice is in force, all stored communications that:
(a) relate to the person or telecommunications service specified
in the notice; and
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Cybercrime Legislation Amendment Act 2012
No. 120, 2012
ComLaw Authoritative Act C2012A00120