107JConditions for giving domestic preservation notices

#### 107J Conditions for giving domestic preservation notices Notices given by criminal law‑enforcement agencies (1) A domestic preservation notice may be given under subsection 107H(1) if: (a) the issuing agency is: (i) for an historic domestic preservation notice—a criminal law‑enforcement agency; and (ii) for an ongoing domestic preservation notice—a criminal law‑enforcement agency that is an interception agency; and (b) the agency is investigating a serious contravention; and (c) the agency considers that there are reasonable grounds for suspecting that, in the relevant period for the notice, there are stored communications in existence, or stored communications might come into existence, that: (i) might assist in connection with the investigation; and (ii) relate to the person or telecommunications service specified in the notice; and (d) the agency intends that if, at a later time, the agency considers that the stored communications would be likely to assist in connection with the investigation, then the agency will apply for a Part 2‑5 warrant or a stored communications warrant to access those communications; and (e) for an ongoing domestic preservation notice—there is not another ongoing domestic preservation notice in force that: (i) was given by the agency to the same carrier; and (ii) specifies the same person or telecommunications service. Notices given by the Organisation (2) A domestic preservation notice may be given under subsection 107H(1) if: (a) the issuing agency is the Organisation; and (b) the Organisation considers that there are reasonable grounds for suspecting that, in the relevant period for the notice, there are stored communications in existence, or stored communications might come into existence, that: (i) might assist the Organisation in carrying out its function of obtaining intelligence relating to security; and (ii) relate to the person or telecommunications service specified in the notice; and (c) the Organisation intends that if, at a later time, the Organisation considers that the stored communications would be likely to assist in carrying out that function, then the Director‑General of Security will request a Part 2‑2 warrant to access those communications; and (d) for an ongoing domestic preservation notice—there is not another ongoing domestic preservation notice in force that: (i) was given by the Organisation to the same carrier; and (ii) specifies the same person or telecommunications service.