Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An entity mentioned in the following table may request the Australian Federal Police to arrange for the preservation of stored communications that:
(a) relate to a specified person or specified telecommunications service; and
(b) are held by a carrier; and
(c) are relevant to an investigation, investigative proceeding, or proceeding relating to a serious foreign contravention;
if the entity intends to make a request (an access request ) under a provision mentioned in the table to the Attorney - General to arrange for access to those stored communications.
Requesting access to stored communications | ||
Item | This entity: | May make an access request under: |
1 | a foreign country | paragraph 15B(d) of the Mutual Assistance in Criminal Matters Act 1987 |
2 | the International Criminal Court | paragraph 78A(b) of the International Criminal Court Act 2002 |
3 | a War Crimes Tribunal | paragraph 34A(b) of the International War Crimes Tribunals Act 1995 |
(2) The request by the entity to the Australian Federal Police must:
(a) be in writing; and
(b) name the entity or the entity's authority concerned with the serious foreign contravention; and
(c) specify the serious foreign contravention that is the subject of the investigation, investigative proceeding or proceeding; and
(d) specify information identifying the stored communications to be preserved and the relationship between those communications and the serious foreign contravention; and
(e) specify any information the entity has that identifies the carrier that holds the stored communications; and
(f) if the stored communications relate to a specified person--specify any information the entity has that identifies the telecommunications service to which the stored communications relate; and
(g) specify the reasons why the stored communications need to be preserved; and
(h) specify that the entity intends to make an access request for the stored communications.