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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