15DRequests by foreign countries for telecommunications data

15D Requests by foreign countries for telecommunications data

(1) This section applies if: (a) a foreign country requests the disclosure of specified information or specified documents that come into existence during a specified period; and (b) the information or documents relate to the fact of a communication passing over a telecommunications system. (2) To avoid doubt, information or documents do not relate to the fact of a communication passing over a telecommunications system: (a) if the information is the contents or substance of a communication; or (b) to the extent that the documents contain the contents or substance of a communication. (3) The Attorney‑General may authorise the making of an authorisation under section 180B of the Telecommunications (Interception and Access) Act 1979, of a disclosure of information or documents to which this section applies, if he or she is satisfied that: (a) an investigation relating to a criminal matter involving an offence against the law of the foreign country has commenced in that country; and (b) the offence: (i) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or (ii) involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence within the meaning of section 5D of the Telecommunications (Interception and Access) Act 1979.