Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 107L

Revoking a domestic preservation notice

Discretionary revocation

             (1)  An issuing agency that has given a domestic preservation notice may revoke the notice at any time.

Mandatory revocation

             (2)  An issuing agency that has given a domestic preservation notice must revoke the notice if:

                     (a)  if the issuing agency is a criminal law-enforcement agency (including an interception agency):

                              (i)  the condition in paragraph 107J(1)(b) or (c) is no longer satisfied; or

                             (ii)  the agency decides not to apply for a Part 2-5 warrant or stored communications warrant to access the stored communications covered by the notice; or

                     (b)  if the issuing agency is the Organisation:

                              (i)  the condition in paragraph 107J(2)(b) is no longer satisfied; or

                             (ii)  the Organisation is satisfied that the Director-General of Security will not request a Part 2-2 warrant to access the stored communications covered by the notice.

Revocation effected by giving revocation notice

             (3)  A domestic preservation notice is revoked by the issuing agency giving the carrier to whom it was given written notice of the revocation.



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