This Part establishes a system of preserving certain stored communications
that are held by a carrier. The purpose of the preservation is to prevent the
communications from being destroyed before they can be accessed under certain
warrants issued under this Act.
Under the system, certain agencies can give a preservation notice to a carrier
requiring the carrier to preserve all stored communications that the carrier
holds that relate to the person or telecommunications service specified in the
notice. The carrier will breach its obligations under section 313 of the
Telecommunications Act 1997 if it does not comply with the notice.
There are 2 types of preservation notices: domestic preservation notices
(which cover stored communications that might relate either to a contravention
of certain Australian laws or to security) and foreign preservation notices
(which cover stored communications that might relate to a contravention of
certain foreign laws or to certain international offences).
Division 2 deals with domestic preservation notices. There are 2 kinds of
domestic preservation notices:
historic domestic preservation notices, which cover stored communications held
by the carrier on a particular day; and
ongoing domestic preservation notices, which cover stored communications held
by the carrier in a particular 30-day period.
An issuing agency (which is a criminal law-enforcement agency, or the
Organisation, for an historic domestic preservation notice, and a
criminal law-enforcement agency that is an interception agency, or the
Organisation, for an ongoing domestic preservation notice) can only give a
domestic preservation notice if the conditions in section 107J are
satisfied. There are certain grounds on which the notice must be revoked (see
Division 3 deals with foreign preservation notices.
Foreign preservation notices, like historic domestic preservation notices,
cover stored communications held by the carrier on a particular day. Only the
Australian Federal Police can give a foreign preservation notice to a carrier
and it can only do so if a foreign country, the International Criminal Court
or a War Crimes Tribunal has made a request for the preservation in accordance
with section 107P. There are certain grounds on which the notice must be
revoked (see section 107R).
Division 4 has miscellaneous provisions relating to both domestic and
foreign preservation notices (such as provisions about the giving of
evidentiary certificates by carriers and issuing agencies).
The Ombudsman has functions in relation to preservation notices given by
issuing agencies (other than the Organisation) and the Inspector-General of
Intelligence and Security has functions in relation to preservation notices
given by the Organisation.