Schedule 1 Preservation regime for stored communications 107M Persons who act on the issuing agency’s behalf Historic domestic preservation notices (1) An historic domestic preservation notice may only be given or revoked on behalf of an issuing agency by: (a) if the issuing agency is an enforcement agency—a person who may, under section 110, apply on the agency’s behalf for a stored communications warrant to access the stored communications covered by the notice; and (b) if the issuing agency is the Organisation—a certifying person. Ongoing domestic preservation notices (2) An ongoing domestic preservation notice may only be given on behalf of an issuing agency by: (a) if the issuing agency is an enforcement agency that is an interception agency—an authorised officer of the agency; and (b) if the issuing agency is the Organisation—the Director-General of Security. (3) An ongoing domestic preservation notice may only be revoked on behalf of an issuing agency by: (a) if the issuing agency is an enforcement agency that is an interception agency—an authorised officer of the agency; and (b) if the issuing agency is the Organisation—a certifying person. Division 3—Foreign preservation notices 107N When a foreign preservation notice can be given (1) If the Australian Federal Police receives a request in accordance with section 107P, the Australian Federal Police must give the carrier to which the request relates a written notice (a foreign 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 12 Cybercrime Legislation Amendment Act 2012 No. 120, 2012 ComLaw Authoritative Act C2012A00120

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