15BRequests by foreign countries for stored communications

15B Requests by foreign countries for stored communications

The Attorney‑General may, in his or her discretion, authorise the Australian Federal Police or a police force or police service of a State, in writing, to apply for a stored communications warrant 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.