Schedule 1 Preservation regime for stored communications
(g) specify the reasons why the stored communications need to
be preserved; and
(h) specify that the foreign country intends to make a request
under paragraph 15B(d) of the Mutual Assistance in Criminal
Matters Act 1987 to access the stored communications.
107Q When a foreign preservation notice is in force
A foreign preservation notice:
(a) comes into force when the carrier receives it; and
(b) ceases to be in force at the earlier of the following times:
(i) if the notice is revoked under section 107R—when the
carrier receives notice of the revocation;
(ii) if a stored communications warrant authorising access
to the stored communications covered by the notice is
issued after the Attorney-General has given an
authorisation in relation to the warrant under
section 15B of the Mutual Assistance in Criminal
Matters Act 1987—when the warrant ceases to be in
force.
107R Revoking a foreign preservation notice
(1) If:
(a) a foreign country makes a request under section 107P to
preserve stored communications that are held by a carrier;
and
(b) in response to the request, the Australian Federal Police gives
a foreign preservation notice to the carrier in relation to those
stored communications under subsection 107N(1); and
(c) during the period of 180 days starting on the day the carrier
was given the notice, the foreign country did not make a
request to the Attorney-General under paragraph 15B(d) of
the Mutual Assistance in Criminal Matters Act 1987 to
arrange for access to those communications;
then the Australian Federal Police must, by the third working day
after the end of that period, revoke the preservation notice by
giving the carrier to whom it was given written notice of the
revocation.
(2) If:
14
Cybercrime Legislation Amendment Act 2012
No. 120, 2012
ComLaw Authoritative Act C2012A00120