Mutual Assistance in Criminal Matters Act 1987 (Cth)
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The notes at the end of this compilation (the
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Contents
This Act may be cited as the
Mutual Assistance in Criminal Matters Act 1987 .
(1) Section 1 and this section shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on a day or days fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
account has the same meaning as in the Proceeds of Crime Act.
agent has the same meaning as in the Proceeds of Crime Act.
ancillary offence , in relation to an offence (in this definition called themain offence ), means:
(a) an offence of conspiring to commit the main offence; or
(b) an offence of aiding, abetting, inciting, counselling or procuring, or being in any way knowingly concerned in, the commission of the main offence; or
(c) an offence of receiving or assisting another person in order to enable the person to escape punishment for, or to dispose of the proceeds of, the main offence; or
(d) an offence of attempting to commit the main offence.
approved form means a form approved by the Attorney‑General in writing for the purposes of the provision in which the expression occurs.
Australia , when used in a geographical sense, includes the external Territories.
Australian forfeiture order means:
(a) a forfeiture order within the meaning of a proceeds of crime law; or
(aa) a declaration made under section 95 of the Proceeds of Crime Act; or
(ab) a declaration made under subsection 30(8A) of the
Proceeds of Crime Act 1987 ; or(b) an interstate forfeiture order within the meaning of the Proceeds of Crime Act; or
(c) an order or declaration, made under Australian law, that:
(i) orders the forfeiture of property in respect of an offence against Australian law or declares that property has been forfeited in respect of an offence against Australian law; and
(ii) is, in accordance with the regulations, to be taken to be an Australian forfeiture order for the purposes of this Act.
Australian law means the laws of the Commonwealth, the States and the Territories.
Australian literary proceeds order means:
(a) a literary proceeds order within the meaning of the Proceeds of Crime Act; or
(b) an order, made under Australian law, that:
(i) imposes a pecuniary penalty on a person in respect of an offence against Australian law; and
(ii) is, in accordance with the regulations, to be taken to be an Australian literary proceeds order for the purposes of this Act.
Australian pecuniary penalty order means:
(a) a pecuniary penalty order within the meaning of a proceeds of crime law; or
(b) an interstate pecuniary penalty order within the meaning of the Proceeds of Crime Act; or
(c) an order, made under Australian law, that:
(i) imposes a pecuniary penalty on a person in respect of an offence against Australian law; and
(ii) is, in accordance with the regulations, to be taken to be an Australian pecuniary penalty order for the purposes of this Act.
Australian restraining order means:
(a) a restraining order within the meaning of a proceeds of crime law (other than a restraining order made by virtue of section 59 of the
Proceeds of Crime Act 1987 or section 34K of this Act); or(b) an interstate restraining order within the meaning of the Proceeds of Crime Act; or
(c) an order, made under Australian law, that:
(i) restrains a particular person, or all persons, from dealing with property; and
(ii) is, in accordance with the regulations, to be taken to be an Australian restraining order for the purposes of this Act.
authorised officer has the same meaning as in the Proceeds of Crime Act.
benefit has the same meaning as in the Proceeds of Crime Act.
carrier has the same meaning as in theTelecommunications (Interception and Access) Act 1979 (other than Part 5‑4 or 5‑4A of that Act).
cartel offence means an offence by a corporation involving cartel conduct.
child has the same meaning as in Part ID of theCrimes Act 1914 .
committal proceeding , in relation to a foreign offence, includes:
(a) any proceeding to determine whether a person should be tried for the offence (whether or not a particular person is specified at the commencement of that proceeding as the person in relation to whom the determination is to be made); and
(b) a proceeding that is, in accordance with the regulations, to be taken to be a committal proceeding for the purposes of this Act.
communication has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
Confiscated Assets Account means the account established under section 295 of the Proceeds of Crime Act.
criminal investigation means an investigation into an offence (whether the offence is believed to have been committed, to be being committed or to be likely to be committed).
criminal matter includes:
(a) a criminal matter relating to revenue (including taxation and customs duties);
(b) a criminal matter relating to foreign exchange control;
(c) a matter relating to the forfeiture or confiscation of property in respect of an offence;
(d) a matter relating to the imposition or recovery of a pecuniary penalty in respect of an offence; and
(e) a matter relating to the restraining of dealings in property, or the freezing of assets, that may be forfeited or confiscated, or that may be needed to satisfy a pecuniary penalty imposed, in respect of an offence;
whether arising under Australian law or a law of a foreign country.
criminal proceeding , in relation to an offence, means a trial of a person for the offence or a committal proceeding in respect of the offence.
eligible Judge means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 38ZC(1) and a nomination under subsection 38ZC(2) are in force.
enforcement agency has the same meaning as in the Proceeds of Crime Act.
evidential material means:
(a) in Subdivision F of Division 2 of Part VI—evidence relating to:
(i) property in relation to which a foreign forfeiture order or foreign restraining order has been or could be made; or
(ii) property of a person in relation to whom a foreign pecuniary penalty order has been or could be made; or
(iii) tainted property; or
(iv) benefits derived from the commission of a foreign serious offence; or
(b) otherwise—a thing relevant to a proceeding or investigation, including such a thing in electronic form.
executing officer , in relation to a warrant, means:
(a) the police officer named in the warrant, by the Magistrate or eligible Judge who issued the warrant, as being responsible for executing the warrant; or
(b) if that police officer does not intend to be present at the execution of the warrant—another police officer whose name has been written in the warrant by the police officer so named; or
(c) another police officer whose name has been written in the warrant by the police officer last named in the warrant.
federal prisoner means a person who is being held in custody pending trial for or sentence for, or is under a sentence of imprisonment for, an offence against a law of the Commonwealth or of a Territory, but does not include a person who is at large after having escaped from lawful custody.
financial institution has the same meaning as in the Proceeds of Crime Act.
foreign confiscation proceedings means proceedings in a foreign country in respect of the making of a foreign forfeiture order or a foreign pecuniary penalty order.
foreign forfeiture order means:
(a) an order, made under the law of a foreign country by a court or other judicial authority, for the forfeiture of property in respect of an offence against the law of that country; or
(b) a declaration, direction, notice, decree or other decision (however described), made under the law of a foreign country by a court or other judicial authority, evidencing forfeiture of property under the law of that country.
foreign law immunity certificate means a certificate given, or a declaration made, by a foreign country or under a law of a foreign country, certifying or declaring that, under the law of the foreign country, persons generally or a specified person could or could not, either generally or in specified proceedings and either generally or in specified circumstances, be required:
(a) to answer a specified question; or
(b) to produce a specified document.
foreign offence means an offence against a law of a foreign country.
foreign order means:
(a) a foreign forfeiture order; or
(b) a foreign pecuniary penalty order; or
(c) a foreign restraining order.
foreign pecuniary penalty order means an order, made under the law of a foreign country by a court or other judicial authority, imposing a pecuniary penalty in respect of an offence against the law of that country, but does not include an order for the payment of a sum of money by way of compensation, restitution or damages to an injured person.
foreign prisoner means a person who is being held in custody pending trial for or sentence for, or is under a sentence of imprisonment for, an offence against a law of a foreign country, but does not include a person who is at large after having escaped from lawful custody.
foreign restraining order means an order:
(a) made under the law of a foreign country (whether or not by a court) in respect of an offence against the law of that country; and
(b) which is, or purports to be, made for the purpose of preserving property (whether or not the order also purports to do other things) including an order:
(i) restraining a particular person or persons from dealing with the property; or
(ii) freezing the property; or
(iii) directing the seizure of the property; or
(iv) directing that the property be taken into official custody or control.
foreign serious offence means a serious offence against a law of a foreign country.
forensic evidence has the same meaning as in Part ID of theCrimes Act 1914 .
forensic material has the same meaning as in Part ID of theCrimes Act 1914 .
forensic procedure has the same meaning as in Part ID of theCrimes Act 1914 .
frisk search means:
(a) a search of a person conducted by quickly running the hands over the person’s outer clothes; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
Governor means:
(a) in relation to the Australian Capital Territory—the Chief Minister of the Territory; or
(b) in relation to the Northern Territory—the Administrator of the Territory.
incapable person has the same meaning as in Part ID of theCrimes Act 1914 .
instrument , in relation to an offence, has the same meaning as in the Proceeds of Crime Act.
interception warrant information has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
interest , in relation to property, has the same meaning as in the Proceeds of Crime Act.
international production order has the same meaning as in Schedule 1 to theTelecommunications (Interception and Access) Act 1979 .
investigative proceeding means a proceeding covered by paragraph (a) or (b) of the definition ofproceeding .
lawfully accessed information has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
lawfully intercepted information has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
Magistrate means:
(a) a Magistrate of a State (other than the Northern Territory) in respect of whom an arrangement under section 39 is in force; or
(aa) a Judge, or an acting Judge, of the Local Court of the Northern Territory in respect of whom an arrangement under section 39 is in force; or
(c) a Magistrate of an external Territory.
Money‑Laundering Convention means the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, done at Strasbourg on 8 November 1990.
money laundering offence , in relation to the proceeds of a serious offence, means an offence that is committed by a person:
(a) engaging, directly or indirectly, in a transaction that involves money, or other property, that is proceeds of the offence; or
(b) receiving, possessing, concealing, disposing of or bringing into a country money, or other property, that is proceeds of the offence;
when the person knows that, or is reckless of whether or not, the money or other property is proceeds of a serious offence.
mutual assistance treaty means a treaty relating in whole or in part to the provision of assistance in criminal matters.
narcotic substance has the same meaning as in the Proceeds of Crime Act.
offence includes an offence against a law relating to taxation, customs duties or other revenue matters or relating to foreign exchange control.
offence under the ordinary criminal law of Australia means an offence against Australian law other than an offence under the military law of Australia.
officer , in relation to a financial institution, has the same meaning as in the Proceeds of Crime Act.
officer assisting , in relation to a warrant, means:
(a) a person who is a police officer and who is assisting in executing the warrant; or
(b) a person who is not a police officer and who has been authorised by the relevant executing officer to assist in executing the warrant.
Official Trustee means the Official Trustee in Bankruptcy.
ordinary search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and headgear; and
(b) an examination of those items.
parent has the same meaning as in theCrimes Act 1914 .
person assisting has the same meaning as in the Proceeds of Crime Act.
POCA search warrant means a search warrant issued under Part 3‑5 of the Proceeds of Crime Act in relation to a foreign serious offence.
police officer means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.
political offence has the same meaning as in theExtradition Act 1988 , but does not include an offence constituted by conduct that, by a mutual assistance treaty (not being a bilateral treaty) in relation to the relevant country or any country, may be the subject of a request for mutual assistance, being an offence declared by regulations for the purposes of this paragraph not to be a political offence in relation to the country or all countries.
premises includes:
(a) a structure, building or vehicle; and
(b) a place (whether enclosed or built upon or not); and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
prison includes a gaol, lock‑up or other place of detention.
proceeding , in relation to a criminal matter, includes a proceeding before a judicial officer or a jury for the purpose of:
(a) gathering evidential material that may lead to the laying of a criminal charge; or
(b) assessing evidential material in support of the laying of a criminal charge.
proceeds , in relation to an offence, has the same meaning as in the Proceeds of Crime Act.
proceeds jurisdiction has the same meaning as in the Proceeds of Crime Act.
Proceeds of Crime Act means theProceeds of Crime Act 2002 .
proceeds of crime authority has the same meaning as in the Proceeds of Crime Act.Note: Under that Act, the proceeds of crime authority is either the Commissioner of the Australian Federal Police or the Director of Public Prosecutions (see the definition of
proceeds of crime authority in section 338 of that Act).
proceeds of crime law means:
(a) the
Proceeds of Crime Act 2002 ; or(b) the
Proceeds of Crime Act 1987 .
property has the same meaning as in the Proceeds of Crime Act.
protected IPO intercept information means information that:
(a) is protected information (within the meaning of Schedule 1 to the
Telecommunications (Interception and Access) Act 1979 ); and(b) either:
(i) was obtained in accordance with an international production order issued under clause 30 or 60 of that Schedule; or
(ii) relates to such an international production order.
protected IPO stored communications information means information that:
(a) is protected information (within the meaning of Schedule 1 to the
Telecommunications (Interception and Access) Act 1979 ); and(b) either:
(i) was obtained in accordance with an international production order issued under clause 39 or 69 of that Schedule; or
(ii) relates to such an international production order.
protected IPO telecommunications data information means information that:
(a) is protected information (within the meaning of Schedule 1 to the
Telecommunications (Interception and Access) Act 1979 ); and(b) either:
(i) is telecommunications data obtained in accordance with an international production order; or
(ii) relates to an international production order that required the disclosure of telecommunications data.
protected SD information means information that is protected information within the meaning of paragraph 44(1)(a), (aa), (b) or (c) of theSurveillance Devices Act 2004 .
public authority of a foreign country means any authority or body constituted by or under a law of a foreign country.
recently used vehicle , in relation to a search of a person, means a vehicle that the person has operated or occupied at any time within 24 hours before the search commenced.
related foreign serious offence : a foreign serious offence is arelated foreign serious offence in relation to another foreign serious offence if the physical elements of the 2 offences are:
(a) substantially the same acts or omissions; or
(b) acts or omissions in a single series.
relevant investigation , in relation to a search warrant issued under Division 2 of Part VIIA, means the investigation to which the evidential material authorised to be searched and seized under the warrant relates.
relevant proceeding , in relation to a search warrant issued under Division 2 of Part VIIA, means the proceeding to which the evidential material authorised to be searched and seized under the warrant relates.
responsible enforcement agency head means the head of the enforcement agency whose authorised officer is responsible for executing a POCA search warrant.
search warrant means a warrant issued under section 38C.
seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.
serious offence means an offence the maximum penalty for which is:
(a) death; or
(b) imprisonment for a period exceeding 12 months; or
(c) a fine exceeding 300 penalty units.
Note 1: See section 4AA of the
Crimes Act 1914 for the current value of a penalty unit.Note 2: Paragraph (c)—see also subsection (1A) of this section.
State includes:
(a) the Australian Capital Territory; and
(b) the Northern Territory.
State Minister means:
(a) in relation to a State other than the Australian Capital Territory or the Northern Territory—a Minister of the Crown of that State; or
(b) in relation to the Australian Capital Territory or the Northern Territory—a Minister of that Territory.
State prisoner means a person who is being held in custody pending trial for or sentence for, or under a sentence of imprisonment for, an offence against a law of a State, but does not include a person who is at large after having escaped from lawful custody.
stored communication has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
stored communications warrant information has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
strip search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove all of his or her clothes; and
(b) an examination of the person’s body (but not of the person’s body cavities) and of those clothes.
tainted property means:
(a) proceeds of a foreign serious offence; or
(b) an instrument of a foreign serious offence.
tape recording means audio recording, video recording or recording by other electronic means.
telecommunications data (except when used in Part IIIB) has the same meaning as in Schedule 1 to theTelecommunications (Interception and Access) Act 1979 .
telecommunications system has the same meaning as in theTelecommunications (Interception and Access) Act 1979 .
Territory does not include:
(a) the Australian Capital Territory; or
(b) the Northern Territory.
treaty includes a convention, protocol or agreement.
trial , in relation to a foreign offence, includes any proceeding to determine whether a person should be convicted of the offence.
vehicle includes any means of transport.
video link means a video and sound system that enables persons assembled in a place in a country to see, hear and talk to persons assembled in a place in another country.
(1AA) A reference to an order in the definitions of
foreign forfeiture order ,foreign pecuniary penalty order andforeign restraining order in subsection (1) includes a reference to a declaration, direction, notice, decree or other decision (however described).(1A) In determining, for the purpose of a request by a foreign country, the Australian dollar equivalent of a fine (whether expressed as an amount or by way of penalty units) or pecuniary penalty (however described) that may be imposed on a person for an offence to which the request relates, the fine or penalty is to be translated to Australian currency:
(a) in relation to a country for which the Australian Tax Office publishes exchange rates—at the daily exchange rate listed on the Australian Tax Office website that applies on the day on which the request is received; and
(b) in relation to any other country—at the exchange rate that applies at the time when the request is received.
(2) For the purposes of this Act:
(a) a colony, territory or protectorate of a foreign country;
(b) a territory for the international relations of which a foreign country is responsible; and
(c) a ship or aircraft of, or registered in, a foreign country;
shall, unless the contrary intention appears, be deemed to be part of that foreign country.
(3) Subsection (2) does not apply to a colony, territory or protectorate that is itself a foreign country to which this Act applies.
(4) A reference in this Act to a law of a foreign country includes a reference to a law of a part of, or a law in force in a part of, the foreign country.
(5) A reference in this Act to an Australian criminal offence is a reference to an offence against a law of the Commonwealth or of a Territory.
(6) Without prejudice to its effect by virtue of subsection (5), this Act has effect as if a reference in this Act to an Australian criminal offence included a reference to an offence against a law of a State.
This Act extends to every external Territory.
Chapter 2 of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
The objects of this Act are:
(a) to regulate the provision by Australia of international assistance in criminal matters when a request is made by a foreign country in respect of which powers may be exercised under this Act (whether or not in conjunction with other Australian laws); and
(c) to facilitate the obtaining by Australia of international assistance in criminal matters.
This Act does not prevent the provision or obtaining of international assistance in criminal matters other than assistance of a kind that may be provided or obtained under this Act.
(1) Subject to this section, this Act applies to all foreign countries.
(2) The regulations may provide that this Act applies to a foreign country subject to:
(a) any mutual assistance treaty between that country and Australia that is referred to in the regulations; and
(b) any multilateral mutual assistance treaty (being a treaty to which that country is a party) that is referred to in the regulations.
(3) If the regulations provide, in accordance with subsection (2), that this Act applies to a foreign country subject to a mutual assistance treaty, then:
(a) if the treaty relates wholly to the provision of assistance in criminal matters—this Act applies subject to the limitations, conditions, exceptions or qualifications that are necessary to give effect to the treaty in relation to that country; or
(b) if the treaty relates in part to the provision of assistance in criminal matters—this Act applies subject to the limitations, conditions, exceptions or qualifications that are necessary to give effect, in relation to that country, to that part of the treaty that relates to the provision of assistance in criminal matters.
(1) A request by a foreign country for assistance under this Act shall be refused if, in the opinion of the Attorney‑General:
(a) the request relates to the investigation, prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, a political offence; or
(b) there are substantial grounds for believing that the request has been made with a view to investigating, prosecuting or punishing a person for a political offence; or
(ba) the request relates to a foreign order in relation to an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, a political offence; or
(c) there are substantial grounds for believing that the request was made for the purpose of investigating, prosecuting, punishing or otherwise causing prejudice to a person on account of the person’s race, sex, sexual orientation, religion, nationality or political opinions; or
(ca) there are substantial grounds for believing that, if the request was granted, a person would be in danger of being subjected to torture; or
(d) the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that if it had occurred in Australia, would have constituted an offence under the military law of Australia but not also under the ordinary criminal law of Australia; or
(da) both of the following subparagraphs are satisfied:
(i) the request relates to a foreign order in relation to an offence;
(ii) an act or omission constituting the offence, had the act or omission occurred in Australia, would have constituted an offence under the military law of Australia but not also under the ordinary criminal law of Australia; or
(e) the granting of the request would prejudice the sovereignty, security or national interest of Australia or the essential interests of a State or Territory.
(1A) A request by a foreign country for assistance under this Act must be refused if:
(a) the request relates to the investigation, prosecution or punishment of:
(i) a person arrested or detained on suspicion of having committed an offence; or
(ii) a person charged with, or convicted of, an offence; and
(b) the offence is one in respect of which the death penalty may be imposed in the foreign country;
unless the Attorney‑General is of the opinion, having regard to the special circumstances of the case, that the assistance requested should be granted.
(1B) A request by a foreign country for assistance under this Act may be refused if the Attorney‑General:
(a) believes that the provision of the assistance may result in the death penalty being imposed on a person; and
(b) after taking into consideration the interests of international criminal co‑operation, is of the opinion that in the circumstances of the case the request should not be granted.
(2) A request by a foreign country for assistance under this Act may be refused if, in the opinion of the Attorney‑General:
(a) the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Australia, would not have constituted an offence against Australian law at the time at which the request was received; or
(b) both of the following subparagraphs are satisfied:
(i) the request relates to a foreign order in relation to an offence;
(ii) an act or omission constituting the offence, had the act or omission occurred in Australia, would not have constituted an offence against Australian law at the time at which the request was received; or
(c) the request relates to the investigation, prosecution or punishment of a person for an offence in a case where:
(i) the person has been acquitted or pardoned by a competent tribunal or authority in the foreign country, or in Australia or another country; or
(ii) the person has undergone the punishment provided by the law of the foreign country, or of Australia or another country;
in respect of that offence or of another offence constituted by the same act or omission as that offence; or
(d) the provision of the assistance could prejudice an investigation or proceeding in relation to a criminal matter in Australia; or
(e) the provision of the assistance would, or would be likely to, prejudice the safety of any person (whether in or outside Australia); or
(f) the provision of the assistance would impose an excessive burden on the resources of the Commonwealth or of a State or Territory; or
(g) it is appropriate, in all the circumstances of the case, that the assistance requested should not be granted.
Assistance under this Act may be provided to a foreign country subject to such conditions as the Attorney‑General determines.
(1) A request for international assistance in a criminal matter that Australia is authorised to make under this Act may be made only by the Attorney‑General.
(2) Subsection (1) does not prevent the Attorney‑General on behalf of Australia from requesting international assistance in a criminal matter other than assistance of a kind that may be requested under this Act.
(1) A request by a foreign country for international assistance in a criminal matter may be made to the Attorney‑General or a person authorised by the Attorney‑General, in writing, to receive requests by foreign countries under this Act.
(2) A request must be in writing and must include or be accompanied by the following information:
(a) the name of the authority concerned with the criminal matter to which the request relates;
(b) a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;
(c) a description of the purpose of the request and of the nature of the assistance being sought;
(d) any information that may assist in giving effect to the request.
However, a failure to comply with this subsection is not a ground for refusing the request.
(3) Where a request by a foreign country is made to a person authorised under subsection (1), the request shall be taken, for the purposes of this Act, to have been made to the Attorney‑General.
(4) If a foreign country makes a request to a court in Australia for international assistance in a criminal matter:
(a) the court must refer the request to the Attorney‑General; and
(b) the request is then taken, for the purposes of this Act, to have been made to the Attorney‑General.
(1) Australia may request the appropriate authority of a foreign country:
(a) to arrange for:
(i) evidence to be taken in the foreign country; or
(ii) a document or other article in the foreign country to be produced;
for the purposes of a proceeding or investigation relating to a criminal matter in Australia; and
(aa) if subparagraph (a)(i) applies—to arrange for a tape recording to be made of the evidence to be taken; and
(b) to arrange for the evidence (and if paragraph (aa) applies, the tape recording or a copy of it), document or other article to be sent to Australia.
(2) To remove any doubt, it is stated that:
(a) any evidence may be taken; or
(b) any document or other article may be obtained;
in the foreign country even though, under Australian law:
(c) the evidence could not have been taken; or
(d) the document or other article could not have been obtained;
by using in the circumstances processes similar to those used in the foreign country.
(3) When making a request under subsection (1), Australia may also request that an opportunity be given for the person giving evidence, or producing the document or other article, to be examined or cross‑examined in person, or through a video link from Australia, by:
(a) any party to the proceeding or that party’s legal representative; or
(b) any person being investigated or that person’s legal representative.
(1) This section applies if a foreign country (the
requesting country ) requests:
(a) any of the following:
(i) that evidence be taken in Australia;
(ii) that evidence be taken in Australia and a tape recording be made of the evidence taken;
(iii) that evidence be taken in Australia for live transmission by means of video link to a courtroom or other place in the requesting country; or
(b) that documents or other articles in Australia be produced;
for the purposes of a proceeding in relation to a criminal matter in that country or another foreign country (the
foreign proceeding ).
(1A) The Attorney‑General may, by writing in accordance with the approved form, authorise:
(a) the taking of the evidence and its transmission to the requesting country; or
(b) the production of the documents or other articles and their transmission to the requesting country.
(2) If the Attorney‑General gives an authorisation under subsection (1A):
(a) in the case of the taking of evidence—a Magistrate or eligible Judge may do all or any of the following:
(i) take evidence on oath or affirmation of the witness appearing before the Magistrate or Judge to give evidence in relation to the matter;
(ii) direct that all or part of the proceeding be conducted in private;
(iii) require a person to leave the place in Australia where the giving of evidence is taking place or going to take place;
(iv) prohibit or restrict the publication of evidence given in the proceeding or of the name of a party to, or a witness in, the foreign proceeding;
(v) subject to subsection 13AB(1), require the production of documents or other articles;
(vi) take such action as the Magistrate or Judge considers appropriate to facilitate the foreign proceeding;
(vii) perform any other function required by the regulations; or
(b) in the case of the production of documents or other articles—a Magistrate or eligible Judge may, subject to subsection 13AB(1), require the production of the documents or other articles and, where the documents or other articles are produced, a Magistrate or eligible Judge must send the documents, or copies of the documents certified by that Magistrate or Judge to be true copies, or the other articles, to the Attorney‑General.
Note 1: Subparagraph (2)(a)(i)—see also subsection (2C).
Note 2: Subparagraphs (2)(a)(ii), (iii) and (iv)—see also subsection (2B).
(2A) However, a Magistrate or eligible Judge may not make a ruling about the admissibility of evidence in a foreign proceeding.
(2B) If a Magistrate or eligible Judge is taking evidence for live transmission by means of video link to a courtroom or other place in the requesting country, the Magistrate or Judge:
(a) may only exercise the powers mentioned in subparagraphs (2)(a)(ii), (iii) and (iv) at the request of the foreign court; and
(b) may, at the request of the foreign court, assist with the administering by the foreign court of an oath or affirmation; and
(c) may administer an oath or affirmation.
(2C) If a Magistrate or eligible Judge takes evidence as mentioned in subparagraph (2)(a)(i) but not for live transmission by means of video link to a courtroom, or other place, in the requesting country, the Magistrate or Judge must:
(a) if the requesting country requests that a tape recording be made of the evidence taken—cause a tape recording to be made of the evidence, certify that the evidence on the tape recording was taken by the Magistrate or Judge and cause the tape recording, or a copy of it, to be sent to the Attorney‑General; and
(b) in any other case—cause the evidence to be put in writing, certify that the evidence was taken by the Magistrate or Judge and cause the writing so certified to be sent to the Attorney‑General.
(2D) If, in taking evidence as mentioned in paragraph (2)(a), a Magistrate or eligible Judge requires the production of documents or other articles under subparagraph (2)(a)(v), a Magistrate or eligible Judge must send the documents, or copies of the documents certified by that Magistrate or Judge to be true copies, or the other articles, to the Attorney‑General.
(3) The evidence of such a witness may be taken in the presence or absence of the person to whom the proceeding in the requesting country relates or of his or her legal representative (if any).
(4) The Magistrate or eligible Judge conducting a proceeding under subsection (2) may permit:
(a) the person to whom the proceeding in the requesting country relates;
(b) any other person giving evidence or producing documents or other articles at the proceeding before the Magistrate or Judge; and
(c) the relevant authority of the requesting country;
to have legal representation at the proceeding before the Magistrate or Judge.
(4A) If the requesting country has so requested, the Magistrate or eligible Judge conducting a proceeding under subsection (2) may permit:
(a) any person to whom the proceeding in the requesting country relates or that person’s legal representative; or
(b) the legal representative of the relevant authority of the requesting country;
to examine or cross‑examine in person, or through a video link from the requesting country, any person giving evidence or producing a document or other article, at the proceeding.
(4B) For the purposes of Part III of the
Crimes Act 1914 :
(a) the proceeding before the Magistrate or eligible Judge is a judicial proceeding; and
(b) evidence taken from a witness on oath or affirmation is testimony given in a judicial proceeding.
(5) The certificate by the Magistrate or eligible Judge under subsection (2) shall state whether, when the evidence was taken or the documents or other articles were produced, any of the following persons were present:
(a) the person to whom the proceeding in the requesting country relates or his or her legal representative (if any);
(b) any other person giving evidence or producing documents or other articles or his or her legal representative (if any).
(1) If a Magistrate or eligible Judge is conducting a proceeding under subsection 13(2) and makes an order relating to the conduct of the proceeding, the order must be complied with.
(2) In the case of an eligible Judge, subject to the Rules of Court made under Chapter 4 of the
Federal Circuit and Family Court of Australia Act 2021 , the order may be enforced as if the order were an order of the Federal Circuit and Family Court of Australia (Division 2).(3) In any other case, subject to the rules of the court of which the Magistrate is a member, the order may be enforced as if the order were an order of that court.
(1) Subject to subsection (2), the following laws apply, so far as they are capable of application, for the purposes of a proceeding under section 13 in a State or Territory:
(a) laws of the Commonwealth with respect to the compelling of persons to attend before an eligible Judge;
(b) laws of the Commonwealth with respect to giving evidence, answering questions and producing documents or other articles before an eligible Judge;
(c) laws of a State or Territory with respect to the compelling of persons to attend before a Magistrate;
(d) laws of that State or Territory with respect to giving evidence, answering questions and producing documents or other articles before a Magistrate.
(2) For the purposes of section 13:
(a) the person to whom the proceeding in the requesting country relates is competent but not compellable to give evidence; and
(b) a person who is required to give evidence, or produce documents or other articles, for the purposes of a proceeding in relation to a criminal matter in the requesting country or another foreign country, is not compellable to answer a question, or produce a document or article, that the person is not compellable to answer or produce, as the case may be, in the proceeding in that country.
(3) Paragraph (2)(b) does not apply if its application would be inconsistent with a provision of a mutual assistance treaty between Australia and the requesting country concerned.
(4) A duly authenticated foreign law immunity certificate is admissible in proceedings under section 13 as prima facie evidence of the matters stated in the certificate.
(1) If:
(a) a foreign country (the
requesting country ) has commenced an investigation into, or proceedings in relation to, a serious offence against the laws of that country; and(b) that foreign country requests the provision of material relevant to that investigation or those proceedings; and
(c) the Attorney‑General is satisfied that the material requested is:
(i) material lawfully obtained by an enforcement agency in Australia; and
(ii) material lawfully in the possession of that enforcement agency;
the Attorney‑General may, by writing in accordance with the approved form, authorise the provision of that material to the requesting country.
(2) The Attorney‑General may only authorise the provision to the requesting country of material specified in column 1 of the following table if the request relates to a serious offence against the laws of that country specified in column 2 of the table:
1 | material that is or includes protected SD information | a serious offence punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty |
2 | material that is or includes lawfully accessed information or stored communications warrant information | a serious offence punishable by a maximum penalty of:
|
3 | material that is or includes lawfully intercepted information or interception warrant information |
|
4 | material that is or includes protected IPO intercept information | a serious offence punishable by a maximum penalty of imprisonment for 7 years or more, imprisonment for life or the death penalty |
5 | material that is or includes:
| a serious offence punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty |
(3) An authorisation by the Attorney‑General under subsection (1) may include a direction to an authorised officer of the enforcement agency having possession of the material about how the material is to be provided to that foreign country.
(4) In authorising the provision of material to a foreign country, the Attorney‑General may specify the uses to which that material can be put.
(5) An authorisation by the Attorney‑General under subsection (1) is not a legislative instrument.
(6) In this section:
authorised officer includes a law enforcement officer within the meaning of theSurveillance Devices Act 2004 .
enforcement agency includes a law enforcement agency within the meaning of theSurveillance Devices Act 2004 .
material lawfully obtained by an enforcement agency in Australia includes:
(a) material obtained from individuals or entities by consent; and
(b) material obtained by warrant or the exercise of a coercive power by a court in Australia for the purposes of a domestic investigation or prosecution.
(1) This section applies to a proceeding or investigation relating to a criminal matter involving a serious offence against an Australian law if there are reasonable grounds to believe that a thing relevant to the proceeding or investigation may be located in a foreign country.
(2) If this section applies to a proceeding or investigation, Australia may request the appropriate authority of the foreign country:
(a) to obtain a warrant or other instrument that, in accordance with the law of the foreign country, authorises:
(i) a search for a thing relevant to the proceeding or investigation; and
(ii) if such a thing, or any other thing that is or may be relevant to the proceeding or investigation is found as a result of the search—the seizure of that thing; and
(b) to arrange for the thing that has been seized to be sent to Australia.
(3) If the appropriate authority of the foreign country has obtained any thing relevant to the proceeding or investigation by means of a process authorised by the law of that country other than the issue (as requested by Australia) of a warrant or other instrument authorising the seizure of the thing, the thing:
(a) is not inadmissible in evidence in the proceeding; or
(b) is not precluded from being used for the purposes of the investigation;
on the ground alone that it was obtained otherwise than in accordance with the request.
Where:
(a) a proceeding or investigation relating to a criminal matter involving a serious offence has commenced in a foreign country;
(b) there are reasonable grounds to believe that evidential material relating to the investigation or proceeding is located in Australia; and
(c) the foreign country requests the Attorney‑General to arrange for the evidential material to be obtained;
the Attorney‑General may, in his or her discretion, authorise a police officer, in writing, to apply to a Magistrate or eligible Judge for one or more search warrants in respect of the evidential material.
Note: Divisions 2 and 3 of Part VIIA make provision relating to applications for, and the issue and execution of, search warrants requested by foreign countries.
The Attorney‑General may, in his or her discretion, authorise the Australian Federal Police or a police force or police service of a State, in writing, to apply for a stored communications warrant under section 110 of the
Telecommunications (Interception and Access) Act 1979 if the Attorney‑General is satisfied that:
(a) an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the
requesting country ) has commenced in the requesting country; and(b) the offence to which the investigation, or investigative proceeding, relates is punishable by a maximum penalty of:
(i) imprisonment for 3 years or more, imprisonment for life or the death penalty; or
(ii) a fine of an amount that is at least equivalent to 900 penalty units; and
(c) there are reasonable grounds to believe that stored communications relevant to the investigation, or investigative proceeding, are held by a carrier; and
(d) the requesting country has requested the Attorney‑General to arrange for access to the stored communications.
Note: Information obtained under the warrant may only be communicated to the requesting country on certain conditions: see subsection 142A(1) of the
Telecommunications (Interception and Access) Act 1979 .
(1) This section applies if:
(a) an investigation in relation to an offence punishable by a maximum penalty of imprisonment for 3 years or more has commenced in Australia; and
(b) the use of a surveillance device (however described) is reasonably necessary for the purpose of obtaining information relevant to:
(i) the commission of the offence; or
(ii) the identity or location of the offenders.
(2) Australia may request an appropriate authority of a foreign country:
(a) to authorise the use of a surveillance device (however described), in accordance with the law of that country, to obtain the information referred to in paragraph (1)(b); and
(b) to arrange for any such information that has been obtained to be sent to Australia.
(3) Subsection (4) applies if:
(a) Australia makes a request under this section; and
(b) the foreign country obtains any information referred to in paragraph (1)(b) by means of a process authorised by the law of that country other than the use (as requested by Australia) of a surveillance device.
(4) The information obtained by the foreign country:
(a) is not inadmissible in evidence in a proceeding that relates to the investigation; or
(b) is not precluded from being used for the purposes of the investigation;
on the ground alone that it was obtained otherwise than in accordance with the request.
(1) The Attorney‑General may, in his or her discretion, authorise an eligible law enforcement officer, in writing, to apply for a surveillance device warrant under section 14 of the
Surveillance Devices Act 2004 if the Attorney‑General is satisfied that:
(a) an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the
requesting country ) that is punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty has commenced in the requesting country; and(b) the requesting country requests the Attorney‑General to arrange for the use of a surveillance device; and
(c) the requesting country has given appropriate undertakings in relation to:
(i) ensuring that the information obtained as a result of the use of the surveillance device will only be used for the purpose for which it is communicated to the requesting country; and
(ii) the destruction of a document or other thing containing information obtained as a result of the use of the surveillance device; and
(iii) any other matter the Attorney‑General considers appropriate.
(2) In this section:
eligible law enforcement officer means a person mentioned in column 3 of item 5 of the table in subsection 6A(6), or in column 3 of item 5 of the table in subsection 6A(7), of theSurveillance Devices Act 2004 .
• If a foreign country requests the Attorney‑General to arrange for access to data held in a computer, the Attorney‑General may authorise an eligible law enforcement officer to apply for a computer access warrant under section 27A of the
Surveillance Devices Act 2004 .• The authorisation relates to an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of the foreign country.
Note: See subsection 27A(4) of the
Surveillance Devices Act 2004 .
(1) The Attorney‑General may, in the Attorney‑General’s discretion, authorise an eligible law enforcement officer, in writing, to apply for a computer access warrant under section 27A of the
Surveillance Devices Act 2004 if the Attorney‑General is satisfied that:
(a) an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the
requesting country ) that is punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty has commenced in the requesting country; and(b) the requesting country requests the Attorney‑General to arrange for access to data held in a computer (the
target computer ); and(c) the requesting country has given appropriate undertakings in relation to:
(i) ensuring that data obtained as a result of access under the warrant will only be used for the purpose for which it is communicated to the requesting country; and
(ii) the destruction of a document or other thing containing data obtained as a result of access under the warrant; and
(iii) any other matter the Attorney‑General considers appropriate.
(2) The target computer may be any one or more of the following:
(a) a particular computer;
(b) a computer on particular premises;
(c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).
(3) In this section:
computer has the same meaning as in theSurveillance Devices Act 2004 .
data has the same meaning as in theSurveillance Devices Act 2004 .
data held in a computer has the same meaning as in theSurveillance Devices Act 2004 .
eligible law enforcement officer means a person mentioned in column 3 of item 5 of the table in subsection 6A(6), or in column 3 of item 5 of the table in subsection 6A(7), of theSurveillance Devices Act 2004 .
(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 .
(1) Where:
(a) a proceeding relating to a criminal matter has commenced in Australia; and
(b) a person who is in a foreign country:
(i) is a foreign prisoner;
(ii) is capable of giving evidence relevant to the proceeding; and
(iii) has given his or her consent to being removed to Australia for the purpose of giving evidence in the proceeding;
Australia may request the foreign country to authorise the attendance of the person at a hearing in connection with the proceeding.
(2) Where:
(a) an investigation relating to a criminal matter has commenced in Australia; and
(b) a person who is in a foreign country:
(i) is a foreign prisoner;
(ii) is capable of giving assistance in relation to the investigation; and
(iii) has given his or her consent to being removed to Australia for the purposes of giving assistance in relation to the investigation;
Australia may request the foreign country to authorise the removal of the person to Australia for the purpose of giving assistance in relation to the investigation.
(3) If a request is made under subsection (1) or (2), the Attorney‑General may make arrangements with an appropriate authority of the foreign country for the purposes of:
(a) the removal of the person to Australia;
(b) the custody of the person while in Australia;
(c) the return of the person to the foreign country; and
(d) other relevant matters.
(1) The Attorney‑General may make arrangements with a State Minister in relation to the keeping of persons who are in Australia pursuant to requests under section 16 in custody in the State.
(2) The Attorney‑General may arrange with a State Minister with whom an arrangement is in force under subsection (1) for the variation or revocation of the arrangement.
Where:
(a) a person is to be brought to Australia from a foreign country pursuant to a request under section 16; and
(b) the foreign country requests that the person be kept in custody while he or she is in Australia;
the person shall, while the person is in Australia or travelling to or from Australia pursuant to the request, be kept in such custody as the Attorney‑General directs in writing.
(1) Where a person is in Australia:
(a) pursuant to a request under section 16; or
(b) to give evidence in a proceeding, or to give assistance in relation to an investigation, pursuant to a request made by or on behalf of the Attorney‑General (not being a request under section 16) for international assistance in a criminal matter;
the person, subject to subsection (2), shall not:
(c) be detained, prosecuted or punished in Australia for any offence that is alleged to have been committed, or that was committed, before the person’s departure from the foreign country pursuant to the request;
(d) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from the foreign country pursuant to the request, being a civil suit to which the person could not be subjected if the person were not in Australia;
(e) be required to give evidence in any proceeding in Australia other than the proceeding to which the request relates (if any).
(f) be required, in the proceeding to which the request relates (if any), to answer any question that the person would not be required to answer in a proceeding in the foreign country relating to a criminal matter; or
(g) be required, in the proceeding to which the request relates (if any), to produce any document or article that the person would not be required to produce in a proceeding in the foreign country relating to a criminal matter.
(1A) A duly authorised foreign law immunity certificate is admissible in proceedings as prima facie evidence of the matters stated in the certificate.
(2) Subsection (1) ceases to apply to a person if:
(a) the person has left Australia; or
(b) the person has had the opportunity of leaving Australia and has remained in Australia otherwise than for:
(i) the purpose to which the request relates;
(ii) the purpose of giving evidence in a proceeding in Australia certified by the Attorney‑General, in writing, to be a proceeding in which it is desirable that the person give evidence; or
(iii) the purpose of giving assistance in relation to an investigation in Australia certified by the Attorney‑General, in writing, to be an investigation in relation to which it is desirable that the person give assistance.
(2A) Paragraph (1)(f) or (g) does not apply in a case where its application would be inconsistent with a provision of a mutual assistance treaty between Australia and the foreign country concerned.
(3) A certificate given by the Attorney‑General for the purposes of subparagraph (2)(b)(ii) or (iii) has effect from the day specified in the certificate (which may be a day before the day on which the certificate is given).
(4) This section binds the Crown in right of the Commonwealth and of each of the States.
(1) Where a person has come to Australia pursuant to a request under section 16, the person shall be taken, for the purposes of this Act, to be in Australia pursuant to the request during any period during which the person remains in Australia for the purpose of being tried for an Australian criminal offence that the person is alleged to have committed after the person’s departure from the foreign country.
(2) Without limiting the generality of subsection (1), the person shall be kept in such custody as the Attorney‑General directs under section 18.
(1) Where:
(a) a person is in Australia to give evidence in a proceeding:
(i) because of a request under subsection 16(1); or
(ii) because of a request (other than a request under that subsection) made by the Attorney‑General for international assistance in a criminal matter; and
(b) the person has given evidence in the proceeding to which the request related or in a proceeding certified by the Attorney‑General under subparagraph 19(2)(b)(ii) in relation to the person;
that evidence shall not be admitted or otherwise used in any prosecution of the person for an offence against Australian law, other than the offence of perjury in relation to the giving of that evidence.
(1A) If:
(a) a person is in Australia to give assistance in relation to an investigation:
(i) because of a request under subsection 16(2); or
(ii) because of a request (other than a request under that subsection) made by the Attorney‑General for international assistance in a criminal matter; and
(b) the person has given assistance in relation to the investigation to which the request related or in relation to an investigation certified by the Attorney‑General under subparagraph 19(2)(b)(iii) in relation to the person;
anything said or done by the person when giving the assistance is not to be admitted or otherwise used in any prosecution of the person for an offence against Australian law.
(2) This section binds the Crown in right of the Commonwealth and of each of the States.
The laws of a State or Territory with respect to:
(a) the conditions of imprisonment of persons imprisoned in that State or Territory for offences against the law of that State or Territory; and
(b) the treatment of any such persons during imprisonment; and
(c) the transfer of any such persons from prison to prison;
apply, so far as they are capable of application, in relation to a person who is in Australia pursuant to a request under section 16 and who has been committed to a prison in that State or Territory in accordance with a direction of the Attorney‑General under this Act.
Where:
(a) a person is being held in custody in accordance with a direction of the Attorney‑General under section 18; and
(b) the foreign country from which the person has been brought requests the release of the person from custody;
the Attorney‑General shall direct that the person be released from custody.
(1) Any police officer may, without warrant, arrest a person, if the police officer has reasonable grounds to believe that the person:
(a) has been brought to Australia pursuant to a request under section 16; and
(b) has escaped from lawful custody while in Australia pursuant to the request.
(2) The police officer must, as soon as practicable, take the person before a Magistrate or eligible Judge.
(3) If the Magistrate or Judge is satisfied that the person has escaped from lawful custody, the Magistrate or Judge may issue a warrant authorising any police officer to return the person to lawful custody.
Sections 46, 46A, 47A, 47C and 48 of the
Crimes Act 1914 have effect as if:
(a) arrest under section 25 of this Act were arrest in respect of an offence against a law of the Commonwealth; and
(b) custody while in Australia under a request under section 16 of this Act were custody in respect of an offence against a law of the Commonwealth.
(1) Where:
(a) a proceeding relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the attendance at a hearing in connection with the proceeding of a federal prisoner or a State prisoner who is in Australia (whether or not in custody);
(c) there are reasonable grounds to believe that the prisoner is capable of giving evidence relevant to the proceeding; and
(d) the Attorney‑General is satisfied that:
(i) the prisoner has consented to giving evidence in the foreign country; and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);
the Attorney‑General may, in his or her discretion:
(e) in a case where the prisoner is being held in custody:
(i) if the prisoner is a federal prisoner and is not also a State prisoner—direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give evidence at the proceeding;
(ii) if the prisoner is a federal prisoner and also a State prisoner—direct, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of travelling to the foreign country to give evidence at the proceeding; and
(iii) in any case, subject to the making or giving of any necessary directions or approvals in relation to the release of the prisoner—make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney‑General for the purpose; or
(f) in a case where the prisoner, having been released from custody on a parole or other order or licence to be at large, is not being held in custody:
(i) if the prisoner is a federal prisoner and is not also a State prisoner—approve the travel of the prisoner to the foreign country to give evidence at the proceeding and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large as may be required;
(ii) if the prisoner is a federal prisoner and also a State prisoner—subject to the obtaining of any approvals, authorities or permissions required to be obtained from an authority of the relevant State and the making of any necessary variations to the parole or other order or licence to be at large, approve the travel of the prisoner to the foreign country to give evidence at the proceeding and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large made or granted, as the case may be, under a law of the Commonwealth or of a Territory as may be required; and
(iii) in any case, subject to the obtaining of any necessary approvals, authorities, permissions or variations of the parole or other order or licence to be at large—make arrangements for the travel of the prisoner to the foreign country.
(2) Where:
(a) a proceeding relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the attendance at a hearing in connection with the proceeding of a person (not being a federal prisoner or a State prisoner) who is in Australia;
(c) there are reasonable grounds to believe that the person is capable of giving evidence relevant to the proceeding; and
(d) the Attorney‑General is satisfied that:
(i) the person has consented to giving evidence in the foreign country; and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);
the Attorney‑General may, in his or her discretion, make arrangements for the travel of the person to the foreign country.
(3) The matters in relation to which undertakings are to be given by a foreign country for the purpose of a request that a person give evidence in the foreign country are:
(a) that the person shall not:
(i) be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from Australia;
(ii) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from Australia, being a civil suit to which the person could not be subjected if the person were not in the foreign country; or
(iii) be required to give evidence in any proceeding in the foreign country other than the proceeding to which the request relates;
unless:
(iv) the person has left the foreign country; or
(v) the person has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving evidence in the proceeding to which the request relates;
(b) that any evidence given by the person in the proceeding to which the request relates will be inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against a law of the foreign country other than the offence of perjury in relation to the giving of that evidence;
(c) that the person will be returned to Australia in accordance with arrangements agreed by the Attorney‑General;
(d) in a case where the person is being held in custody in Australia and the Attorney‑General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country:
(i) the making of appropriate arrangements for that purpose;
(ii) that the person will not be released from custody in the foreign country unless the Attorney‑General notifies an appropriate authority of the foreign country that the person is entitled to be released from custody under Australian law; and
(iii) if the person is released in the foreign country as mentioned in subparagraph (ii)—that the person’s accommodation and expenses pending the completion of the proceeding to which the request relates will be paid for by the foreign country; and
(e) such other matters (if any) as the Attorney‑General thinks appropriate.
(1) Where:
(a) an investigation relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the removal of a federal prisoner or a State prisoner who is in Australia (whether or not in custody) to the foreign country for the purpose of giving assistance in relation to the investigation;
(c) there are reasonable grounds to believe that the prisoner is capable of giving assistance in relation to the investigation; and
(d) the Attorney‑General is satisfied that:
(i) the prisoner has consented to being removed to the foreign country for the purpose of giving assistance in relation to the investigation; and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);
the Attorney‑General may, in his or her discretion:
(e) in a case where the prisoner is being held in custody:
(i) if the prisoner is a federal prisoner and is not also a State prisoner—direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give assistance in relation to the investigation;
(ii) if the prisoner is a federal prisoner and also a State prisoner—direct, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of travelling to the foreign country for the purpose of giving assistance in relation to the investigation; and
(iii) in any case, subject to the making or giving of any necessary directions or approvals in relation to the release of the prisoner—make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney‑General for the purpose; or
(f) in a case where the prisoner, having been released from custody on a parole or other order or licence to be at large, is not being held in custody:
(i) if the prisoner is a federal prisoner and is not also a State prisoner—approve the travel of the prisoner to the foreign country for the purpose of giving assistance in relation to the investigation and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large as may be required;
(ii) if the prisoner is a federal prisoner and also a State prisoner—subject to the obtaining of any approvals, authorities or permissions required to be obtained from an authority of the relevant State and the making of any necessary variations to the parole or other order or licence to be at large, approve the travel of the prisoner to the foreign country for the purpose of giving assistance in relation to the investigation and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large made or granted, as the case may be, under a law of the Commonwealth or of a Territory as may be required; and
(iii) in any case, subject to the obtaining of any necessary approvals, authorities, permissions or variations of the parole or other order or licence to be at large—make arrangements for the travel of the prisoner to the foreign country.
(2) Where:
(a) an investigation relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests that a person (not being a federal prisoner or a State prisoner) who is in Australia travel to the foreign country to give assistance in relation to the investigation;
(c) there are reasonable grounds to believe that the person is capable of giving assistance in relation to the investigation; and
(d) the Attorney‑General is satisfied that:
(i) the person has consented to travel to the foreign country for the purpose of giving assistance in relation to the investigation; and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);
the Attorney‑General may, in his or her discretion, make arrangements for the travel of the person to the foreign country.
(3) The matters in relation to which undertakings are to be given by a foreign country for the purpose of a request that a person be removed to, or travel to, the foreign country for the purpose of giving assistance in relation to an investigation are:
(a) that the person shall not:
(i) be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from Australia;
(ii) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from Australia, being a civil suit to which the person could not be subjected if the person were not in the foreign country; or
(iii) be required to give evidence in any proceeding in the foreign country;
unless:
(iv) the person has left the foreign country; or
(v) the person has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving assistance in relation to the investigation to which the request relates;
(b) that the person will be returned to Australia in accordance with arrangements agreed by the Attorney‑General;
(c) in a case where the person is being held in custody in Australia and the Attorney‑General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country:
(i) the making of appropriate arrangements for that purpose;
(ii) that the person will not be released from custody in the foreign country unless the Attorney‑General notifies an appropriate authority of the foreign country that the person is entitled to be released from custody under Australian law; and
(iii) if the person is released in the foreign country as mentioned in subparagraph (ii)—that the person’s accommodation and expenses pending the completion of the investigation to which the request relates will be paid for by the foreign country; and
(d) such other matters (if any) as the Attorney‑General thinks appropriate.
Where a prisoner who is serving a term of imprisonment for an offence against a law of the Commonwealth or of a Territory is released from a prison pursuant to a request by a foreign country under section 26 or 27, the prisoner shall, while in custody in connection with the request (including custody outside Australia), be deemed to be continuing to serve that term of imprisonment.
(1) If:
(a) a proceeding relating to a criminal matter has commenced in Australia; and
(b) there are reasonable grounds to believe carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the proceeding;
Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in connection with the proceeding.
(2) If:
(a) an investigation relating to a criminal matter has commenced in Australia; and
(b) carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the investigation;
Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in relation to the investigation.
(3) To avoid doubt, Australia may request that a forensic procedure be carried out in the foreign country even if, under Australian law, the forensic procedure could not have been carried out by using processes similar to those used in the foreign country.
(4) Subsection (5) applies if:
(a) Australia makes a request under this section; and
(b) the foreign country obtains any thing relevant to the proceeding or investigation by means of a process authorised by the law of that country other than the carrying out (as requested by Australia) of a forensic procedure on a particular person.
(5) The thing obtained by the foreign country:
(a)
(b) that the effective execution of the warrant or the arrest is not frustrated.
A person must not make, in an application for a warrant, a statement that the person knows to be false or misleading in a material particular.
Penalty: Imprisonment for 2 years.
Note: Under subsection 4D(1) of the
Crimes Act 1914 , this penalty is the maximum penalty for the offence. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
A person must not:
(a) state the name of a Magistrate or eligible Judge in a document that purports to be a form of warrant under section 38H unless that Magistrate or Judge issued the warrant; or
(b) state on a form of warrant under that section a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the Magistrate or Judge; or
(c) purport to execute, or present to a person, a document that purports to be a form of warrant under that section that:
(i) the person knows has not been approved by a Magistrate or eligible Judge under that section; or
(ii) the person knows to depart in a material particular from the terms authorised by a Magistrate or eligible Judge under that section; or
(d) send to a Magistrate or eligible Judge a form of warrant under that section that is not the form of warrant that the person purported to execute.
Penalty: Imprisonment for 2 years.
Note: Under subsection 4D(1) of the
Crimes Act 1914 , this penalty is the maximum penalty for any offence under this section. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
(1) Subject to subsection (2), if a police officer seizes a thing while executing a warrant issued under Division 2, he or she must:
(a) inform the Attorney‑General that the thing has been so seized; and
(b) retain the thing pending the Attorney‑General’s direction under subsection (4) about how to deal with the thing; and
(c) comply with any such direction that the Attorney‑General gives.
(2) If the thing seized is not evidential material relating to the proceeding or investigation relevant to the warrant, the police officer may make the thing available to officers of the police force of a State or Territory for the purpose of investigating or prosecuting an offence to which the thing relates.
(4) The Attorney‑General may, by written notice, give the police officer a direction about how to deal with the thing.
(5) Without limiting the directions that may be given, a direction may require the police officer to send the thing to a foreign country.
(6) The Attorney‑General must direct the police officer to return the thing if:
(a) the reason for its seizure no longer exists; or
(b) it is decided that the thing is not to be used in evidence in a foreign country or in respect of a criminal proceeding in Australia;
unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
(1) If:
(a) a person arrested under a warrant issued under the regulations has been released on bail by order of a Magistrate or eligible Judge; and
(b) a police officer has reasonable grounds for believing that the person has contravened, or is about to contravene, a term or condition of a recognisance on which bail was granted to the person;
the police officer may, without warrant, arrest the person.
(2) A person arrested under subsection (1) must, as soon as practicable, be brought before a Magistrate or eligible Judge.
(1) A Judge of the Federal Circuit and Family Court of Australia (Division 2) may, by writing, consent to be nominated by the Attorney‑General under subsection (2).
(2) The Attorney‑General may, by writing, nominate a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent is in force under subsection (1) to be an eligible Judge for the purposes of this Act.
(3) A nomination under subsection (2) is not a legislative instrument.
(1) A function or power conferred on a Magistrate or eligible Judge by this Act is conferred on the Magistrate or Judge:
(a) in a personal capacity; and
(b) not as a court or a member of a court.
(2) A Magistrate need not accept a function or power conferred.
(3) A Magistrate or eligible Judge has, in relation to the performance or exercise of a function or power conferred on the Magistrate or Judge by this Act, the same protection and immunity as if he or she were exercising that function or power as, or as a member of, the court of which the Magistrate or Judge is a member.
(1) The Governor‑General may make arrangements with the Governor of a State with respect to the administration of this Act, including arrangements for the performance of the functions of a Magistrate under this Act by a Magistrate of that State.
(2) The Governor‑General may arrange with the Governor of a State with whom an arrangement is in force under subsection (1) for the variation or revocation of the arrangement.
(3) A copy of each instrument by which an arrangement under this section is made, varied or revoked shall be published in the
Gazette .
(1) If a defendant in a proceeding relating to a criminal matter thinks that it is necessary for the purposes of the proceeding that:
(a) evidence should be taken in a foreign country; or
(b) a document or other article in a foreign country should be produced; or
(c) a thing located in a foreign country should be seized; or
(d) arrangements should be made for a person who is in a foreign country to come to Australia to give evidence relevant to the proceeding;
the defendant may apply to the relevant court (see subsection (1A)) for a certificate that it would be in the interests of justice for the Attorney‑General to make any appropriate request to the foreign country under Part II, III or IV so that:
(e) the evidence may be taken; or
(f) the document or article may be produced; or
(g) the thing may be seized; or
(h) the arrangements may be made.
(1A) For the purposes of subsection (1), the
relevant court is:
(a) if the proceeding is being heard in the Federal Court of Australia—that Court; or
(b) otherwise—the Supreme Court of the State or Territory in which the proceeding is being heard.
(2) Before making a decision on the application, the court must give an opportunity to:
(a) all parties to the proceeding; and
(b) the Attorney‑General;
to appear before the court and be heard on the merits of the application.
(3) In deciding whether to issue a certificate, the court must have regard to the following matters:
(a) whether the foreign country is likely to grant such a request made by the Attorney‑General on behalf of the defendant;
(b) the extent to which the material (whether it is evidence, a document, an article or a thing) that the defendant seeks to obtain from the foreign country would not otherwise be available;
(c) whether the court hearing the proceeding would be likely to admit the material into evidence in the proceeding;
(d) the likely probative value of the material, if it were admitted into evidence in the proceeding, with respect to any issue likely to be determined in the proceeding;
(e) whether the defendant would be unfairly prejudiced if the material were not available to the court.
(4) Subsection (3) does not prevent the court from having regard to any other matter that it considers relevant.
(5) If the court issues a certificate:
(a) the court must send a copy of the certificate to the Attorney‑General; and
(b) the Attorney‑General must, in accordance with the certificate, make a request on behalf of the defendant to the foreign country for international assistance unless he or she is of the opinion, having regard to the special circumstances of the case, that the request should not be made.
(1) If a foreign country refuses a request made under subsection 39A(5), the Attorney‑General must give a certificate in writing to that effect.
(2) A certificate under subsection (1) is prima facie evidence of the facts stated in it.
The Attorney‑General may (including his or her powers under section 10) delegate to an officer of the Attorney‑General’s Department all or any of his or her powers under this Act.
A matter arising under a mutual assistance treaty shall, for the purposes of section 38 of the
Judiciary Act 1903 , be deemed not to be a matter arising directly under a treaty.
A certificate by the Attorney‑General stating that:
(a) Australia or a specified foreign country is a party to a specified treaty;
(b) a specified treaty entered into force for Australia or a specified foreign country on a specified day; or
(c) on a day specified in the certificate, a specified treaty remained in force for Australia or a specified foreign country;
is, for the purpose of any proceedings under this Act, prima facie evidence of the matters stated in the certificate.
(1) In a proceeding under this Act or a proceeding under or pursuant to a proceeds of crime law arising directly or indirectly from a request made under this Act, any document that is duly authenticated is admissible in evidence.
(2) A document is duly authenticated for the purposes of subsection (1) if it purports to be signed or certified by a Judge, Magistrate or officer in or of a foreign country.
(3) Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other law of the Commonwealth or any law of a State or Territory.
(1) In any proceeding arising directly or indirectly from a request made by a foreign country for international assistance in a criminal matter (including a proceeding under a proceeds of crime law), a document is admissible in evidence if the Attorney‑General provides a certificate stating that the document was provided by a specified Party to the Money‑Laundering Convention, in connection with a request for assistance of the type covered by the Convention.
(2) The regulations may specify the Parties to the Money‑Laundering Convention for the purposes of subsection (1).
(1) If, as a result of a request made by the Attorney‑General under this Act, any material (whether it is evidence, a document, an article or a thing) has been sent to Australia by a foreign country for the purposes of a proceeding or investigation in relation to a criminal matter, the material is not to be used intentionally for any other purpose without the approval of the Attorney‑General.
(2) The material is inadmissible in evidence in any proceeding other than the proceeding in respect of which it was obtained unless the Attorney‑General has approved its use for the purposes of that other proceeding.
(3) Any information, document, article or thing obtained directly or indirectly from a person by making use of the material:
(a) otherwise than for the purposes of the proceeding or investigation in respect of which it was obtained; and
(b) without the approval of the Attorney‑General;
is inadmissible in evidence in any other proceeding and may not be used for the purposes of any other investigation.
(4) Any person who contravenes subsection (1) commits an offence punishable, on conviction, by a term of imprisonment not exceeding 2 years.
Note: Subsection 4B(2) of the
Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.(5) For the purposes of this section, disclosure of any material is taken to be a use of that material.
A person who, because of his or her office or employment, has knowledge of:
(a) the contents of a request for international assistance made by a foreign country to Australia under this Act; or
(b) the fact that such a request has been made; or
(c) the fact that such a request has been granted or refused;
must not intentionally disclose those contents or that fact except if:
(d) it is necessary to do so in the performance of his or her duties; or
(e) the Attorney‑General has given his or her approval to the disclosure of those contents or that fact.
Penalty: Imprisonment for 2 years.
Note: Under subsection 4D(1) of the
Crimes Act 1914 , this penalty is the maximum penalty for any offence under this section. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
(1) The collection, use or disclosure of personal information about an individual is taken to be authorised by this Act for the purposes of the
Privacy Act 1988 if the collection, use or disclosure is reasonably necessary for the purposes of:
(a) the provision, or proposed provision, of international assistance in criminal matters by the Attorney‑General, or an officer of his or her Department, to a foreign country; or
(b) the obtaining, or proposed obtaining, of international assistance in criminal matters by the Attorney‑General, or an officer of his or her Department, from a foreign country.
(2) In this section:
personal information has the same meaning as in thePrivacy Act 1988 .
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular:
(c) prescribing the practice and procedure in relation to the performance by Magistrates or eligible Judges of functions under this Act, including the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation, the administering of oaths or affirmations, the payment of expenses and allowances of witnesses and the protection and immunity of barristers and solicitors appearing before Magistrates or eligible Judges and of witnesses; and
(d) prescribing penalties not exceeding 10 penalty units for offences against the regulations.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Mutual Assistance in Criminal Matters Act 1987 | 85, 1987 | 5 June 1987 | s 1 and 2: 5 June 1987 (s 2(1)) Remainder: 1 Aug 1988 (s 2(2) and gaz 1988, No S225) | |
Crimes Legislation Amendment Act (No. 2) 1988 | 66, 1988 | 15 June 1988 | s 12: 15 June 1988 (s 2(1)) s 13–19: 1 Dec 1988 (s 2(3) and gaz 1988, No S366) | — |
Law and Justice Legislation Amendment Act 1988 | 120, 1988 | 14 Dec 1988 | s 44–46: 14 Dec 1988 (s 2(1)) s 47: 5 Sept 1989 (s 2(9) and gaz 1989, No S296) | — |
Crimes Legislation Amendment Act (No. 2) 1991 | 123, 1991 | 23 Aug 1991 | s 32–34: 20 Sept 1991 (s 2(2)) | — |
Cash Transaction Reports Amendment Act 1991 | 188, 1991 | 6 Dec 1991 | s 18–22: 6 Dec 1992 (s 2(2) and gaz 1992, No GN25) | s 22 |
Crimes Legislation Amendment Act 1992 | 164, 1992 | 11 Dec 1992 | s 44–46: 8 Jan 1993 (s 2(1)) | — |
Crimes and Other Legislation Amendment Act 1994 | 182, 1994 | 19 Dec 1994 | s 31: 19 Dec 1994 (s 2(3)) | — |
Mutual Assistance in Criminal Matters Legislation Amendment Act 1996 | 40, 1996 | 9 Oct 1996 | Sch 1: 1 Mar 1997 (s 2(2) and gaz 1997, No S50) | Sch 1 (item 101) |
Crimes Amendment (Forensic Procedures) Act 2001 | 22, 2001 | 6 Apr 2001 | Sch 2: 6 Apr 2001 (s 2(1)) | — |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1), (2): and Sch 36: 24 May 2001 (s 2(1)) | s 4(1), (2) |
International Criminal Court (Consequential Amendments) Act 2002 | 42, 2002 | 27 June 2002 | Sch 5: 26 Sept 2002 (s 2(1) item 2) | — |
Suppression of the Financing of Terrorism Act 2002 | 66, 2002 | 5 July 2002 | Sch 2 (item 22): 5 July 2002 (s 2(1) item 5) | — |
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 | 86, 2002 | 11 Oct 2002 | Sch 2 (items 6–37: 1 Jan 2003 (s 2(1) item 2) | — |
Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004 | 127, 2004 | 31 Aug 2004 | Sch 5 (items 10–16): 28 Sept 2004 (s 2(1) item 6) | — |
Surveillance Devices Act 2004 | 152, 2004 | 15 Dec 2004 | Sch 1 (item 7): 15 Dec 2004 (s 2) | — |
Telecommunications (Interception) Amendment Act 2006 | 40, 2006 | 3 May 2006 | Sch 1 (item 22): 13 June 2006 (s 2(1) item 2) | — |
Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009 | 106, 2009 | 6 Nov 2009 | Sch 1 (items 109, 110): 4 Dec 2009 (s 2(1) item 2) |
— | ||||
Personal Property Securities (Corporations and Other Amendments) Act 2010 | 96, 2010 | 6 July 2010 | Sch 3 (items 3, 4): 30 Jan 2012 (s 2(1) item 10) | — |
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 | 3, 2011 | 2 Mar 2011 | Sch 2 (items 26, 27): 3 Mar 2011 (s 2(1) item 4) | — |
Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of Crime Orders) Act 2011 | 83, 2011 | 25 July 2011 | Sch 1 (items 5–9): 25 July 2011 (s 2) | Sch 1 (items 8, 9) |
Crimes Legislation Amendment Act (No. 2) 2011 | 174, 2011 | 5 Dec 2011 | Sch 2 (items 218–239): 1 Jan 2012 (s 2(1) item 5) | Sch 2 (item 239) |
Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 | 7, 2012 | 20 Mar 2012 | Sch 1 (items 7–11, 14), Sch 3 (items 1–41, 49, 69, 106–168) and Sch 4 (item 2): 20 Sept 2012 (s 2(1) items 2, 6, 10, 12) Sch 3 (item 50): never commenced (s 2(1) item 7) Sch 4 (item 3): 10 Oct 2012 (s 2(1) item 13) | Sch 3 (items 15, 24, 33, 49, 69, 113, 135, 140, 144, 148, 152, 168) |
Cybercrime Legislation Amendment Act 2012 | 120, 2012 | 12 Sept 2012 | Sch 2 (items 1–4, 24–27, 51(1), 52): 10 Oct 2012 (s 2(1) item 2) | Sch 2 (items 24, 51(1), 52) |
Statute Law Revision Act 2012 | 136, 2012 | 22 Sept 2012 | Sch 1 (items 86–88): 22 Sept 2012 (s 2(1) item 2) | — |
Privacy Amendment (Enhancing Privacy Protection) Act 2012 | 197, 2012 | 12 Dec 2012 | Sch 5 (item 57) and Sch 6 (items 15–19): 12 Mar 2014 (s 2(1) items 3, 19) Sch 6 (item 1): 12 Dec 2012 (s 2(1) item 16) | Sch 6 (items 1, 15–19) |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 12 Apr 2013 | Sch 1 (items 351–417): 12 Apr 2013 (s 2(1) item 2) | Sch 1 (item 417) |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 8 (items 30, 31): 24 June 2014 (s 2(1) item 9) | — |
Norfolk Island Legislation Amendment Act 2015 | 59, 2015 | 26 May 2015 | Sch 2 (items 255–260): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6) | Sch 2 (items 356–396) |
| ||||
| 33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | — |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 389): 5 Mar 2016 (s 2(1) item 2) | — |
Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 | 153, 2015 | 26 Nov 2015 | Sch 14 (items 9, 10) and Sch 15 (item 8–10): 27 Nov 2015 (s 2(1) items 2, 3) | Sch 14 (item 10) |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 215, 216): 10 Mar 2016 (s 2(1) item 6) | — |
Law and Justice Legislation Amendment (Northern Territory Local Court) Act 2016 | 26, 2016 | 23 Mar 2016 | Sch 1 (items 30, 31, 34, 35): 1 May 2016 (s 2(1) item 2) | Sch 1 (items 34, 35) |
Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 2 (item 58): 21 Oct 2016 (s 2(1) item 1) | — |
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 | 34, 2018 | 22 May 2018 | Sch 2 (items 1–23, 29–40): 23 May 2018 (s 2(1) items 3, 5) Sch 2 (items 24–28): 22 Nov 2018 (s 2(1) item 4) | Sch 2 (items 23, 28, 40) |
Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 | 148, 2018 | 8 Dec 2018 | Sch 2 (items 25, 26): 9 Dec 2018 (s 2(1) item 4) | — |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 2 (items 580–598): 1 Sept 2021 (s 2(1) item 5) | — |
Telecommunications Legislation Amendment (International Production Orders) Act 2021 | 78, 2021 | 23 July 2021 | Sch 1 (items 9–13): 24 July 2021 (s 2(1) item 2) | — |
Crimes and Other Legislation Amendment (Omnibus) Act 2023 | 63, 2023 | 13 Sept 2023 | Sch 7: 14 Sept 2023 (s 2(1) item 6) | Sch 7 (item 2) |
s 3......................................... | am No 66, 1988; No 164, 1992; No 40, 1996; No 22, 2001; No 86, 2002; No 174, 2011; No 7, 2012; No 120, 2012; No 136, 2012; No 13, 2013; No 31, 2014; No 59, 2015; No 153, 2015; No 26, 2016; No 34, 2018; No 148, 2018; No 13, 2021; No 78, 2021 |
ed C39 | |
s 4A....................................... | ad No 24, 2001 |
s 5......................................... | rs No 40, 1996 |
am No 7, 2012 | |
s 6......................................... | rs No 40, 1996 |
s 7......................................... | am No 123, 1991; No 188, 1991; No 182, 1994 |
rs No 40, 1996 | |
s 8......................................... | am No 66, 1988; No 40, 1996; No 7, 2012; No 63, 2023 |
s 10........................................ | rs No 40, 1996 |
s 11........................................ | am No 40, 1996 |
Division 1 heading.................. | ad No 7, 2012 |
s 12........................................ | rs No 40, 1996 |
am No 7, 2012 | |
Division 2 heading.................. | ad No 7, 2012 |
s 13........................................ | am No 66, 1988; No 120, 1988; No 40, 1996; No 152, 2004; No 7, 2012; No 13, 2013; No 34, 2018; No 13, 2021 |
s 13AA.................................. | ad No 7, 2012 |
am No 13, 2013; No 13, 2021 | |
s 13AB................................... | ad No 7, 2012 |
am No 13, 2013; No 13, 2021 | |
s 13A..................................... | ad No 152, 2004 |
am No 40, 2006; No 7, 2012; No 126, 2015; No 153, 2015; No 78, 2021 | |
s 14........................................ | am No 40, 1996 |
s 15........................................ | am No 40, 1996; No 127, 2004; No 7, 2012; No 13, 2013; No 13, 2021 |
Part IIIA................................. | ad No 120, 2012 |
s 15B..................................... | ad No 120, 2012 |
Part IIIBA.............................. | ad No 7, 2012 |
s 15C..................................... | ad No 7, 2012 |
s 15CA................................... | ad No 7, 2012 |
am No 7, 2012; No 153, 2015 | |
Part IIIBB.............................. | ad No 148, 2018 |
s 15CB................................... | ad No 148, 2018 |
s 15CC................................... | ad No 148, 2018 |
Part IIIB................................. | ad No 120, 2012 |
s 15D..................................... | ad No 120, 2012 |
s 16........................................ | am No 40, 1996; No 7, 2012 |
s 19........................................ | am No 66, 1988; No 120, 1988; No 59, 2015 |
ed C38 | |
s 20........................................ | am No 66, 1988 |
s 21........................................ | am No 40, 1996; No 59, 2015 |
s 24........................................ | rep No 40, 1996 |
s 25........................................ | am No 40, 1996; No 13, 2013; No 13, 2021 |
s 25A..................................... | ad No 40, 1996 |
rs No 3, 2011 | |
s 26........................................ | am No 66, 1988 |
s 27........................................ | am No 66, 1988 |
Part IVA................................ | ad No 7, 2012 |
s 28A..................................... | ad No 7, 2012 |
s 28B..................................... | ad No 7, 2012 |
s 28C..................................... | ad No 7, 2012 |
s 29........................................ | am No 40, 1996 |
s 30........................................ | rep No 40, 1996 |
s 31........................................ | am No 40, 1996; No 13, 2013; No 13, 2021 |
s 31A..................................... | ad No 40, 1996 |
rs No 3, 2011 | |
s 32........................................ | am No 40, 1996; No 86, 2002 |
s 33........................................ | am No 40, 1996; No 86, 2002 |
Division 2.............................. | rs No 86, 2002 |
s 33A..................................... | ad No 83, 2011 |
s 34........................................ | am No 120, 1988; No 22, 2001 |
rs No 86, 2002 | |
am No 174, 2011; No 7, 2012 | |
s 34A..................................... | ad No 86, 2002 |
am Nos 83 and 174, 2011; No 7, 2012 | |
s 34B..................................... | ad No 86, 2002 |
am No 174, 2011; No 136, 2012 | |
s 34C..................................... | ad No 86, 2002 |
am No 174, 2011 | |
s 34D..................................... | ad No 86, 2002 |
s 34E..................................... | ad No 86, 2002 |
s 34F...................................... | ad No 86, 2002 |
am No 7, 2012 | |
s 34G..................................... | ad No 86, 2002 |
am No 174, 2011 | |
s 34H..................................... | ad No 86, 2002 |
s 34J...................................... | ad No 86, 2002 |
am No 174, 2011; No 7, 2012 | |
s 34K..................................... | ad No 86, 2002 |
am No 174, 2011; No 7, 2012 | |
s 34L..................................... | ad No 86, 2002 |
s 34M.................................... | ad No 86, 2002 |
am No 174, 2011 | |
s 34N..................................... | ad No 86, 2002 |
rep No 7, 2012 | |
s 34P...................................... | ad No 86, 2002 |
am No 7, 2012; No 34, 2018 | |
s 34Q..................................... | ad No 86, 2002 |
am No 7, 2012 | |
s 34R..................................... | ad No 86, 2002 |
am No 7, 2012 | |
s 34S...................................... | ad No 86, 2002 |
s 34T..................................... | ad No 86, 2002 |
s 34U..................................... | ad No 86, 2002 |
am No 4, 2016; No 61, 2016 | |
s 34V..................................... | ad No 86, 2002 |
am No 4, 2016; No 61, 2016 | |
s 34W.................................... | ad No 86, 2002 |
am No 4, 2016; No 61, 2016; No 34, 2018 | |
s 34X..................................... | ad No 86, 2002 |
rep No 7, 2012 | |
s 34Y..................................... | ad No 86, 2002 |
am No 7, 2012 | |
s 34Z..................................... | ad No 86, 2002 |
s 34ZA................................... | ad No 86, 2002 |
rep No 7, 2012 | |
s 34ZB................................... | ad No 86, 2002 |
am No 7, 2012; No 34, 2018 | |
s 34ZC................................... | ad No 86, 2002 |
rs No 34, 2018 | |
s 34ZCA................................ | ad No 34, 2018 |
s 34ZD................................... | ad No 86, 2002 |
am No 34, 2018 | |
s 34ZE................................... | ad No 86, 2002 |
am No 34, 2018 | |
s 34ZF................................... | ad No 86, 2002 |
rs No 34, 2018 | |
Subdivision G......................... | ad No 7, 2012 |
s 34ZG................................... | ad No 7, 2012 |
Division 3.............................. | ad No 86, 2002 |
s 35........................................ | am No 40, 1996 |
rs No 86, 2002 | |
am No 174, 2011 | |
s 35A..................................... | ad No 86, 2002 |
am No 174, 2011 | |
s 35B..................................... | ad No 86, 2002 |
am No 7, 2012 | |
s 35C..................................... | ad No 86, 2002 |
s 35D..................................... | ad No 86, 2002 |
s 35E..................................... | ad No 86, 2002 |
am No 174, 2011 | |
s 35F...................................... | ad No 86, 2002 |
s 35G..................................... | ad No 86, 2002 |
s 35H..................................... | ad No 86, 2002 |
s 35J...................................... | ad No 86, 2002 |
am No 96, 2010 | |
s 35K..................................... | ad No 86, 2002 |
s 35L..................................... | ad No 86, 2002 |
am No 96, 2010; No 174, 2011 | |
s 35M.................................... | ad No 86, 2002 |
ss 36, 37................................. | am No 40, 1996 |
rep No 86, 2002 | |
Part VIA heading.................... | am No 188, 1991 |
rep No 66, 2002 | |
Part VIA................................ | ad No 123, 1991 |
rep No 66, 2002 | |
s 37A..................................... | ad No 123, 1991 |
am No 188, 1991; No 40, 1996; No 42, 2002 | |
rep No 66, 2002 | |
Part VII.................................. | rep No 40, 1996 |
s 38........................................ | rep No 40, 1996 |
Part VIIA............................... | ad No 40, 1996 |
s 38A..................................... | ad No 40, 1996 |
s 38B..................................... | ad No 40, 1996 |
am No 7, 2012 | |
s 38C..................................... | ad No 40, 1996 |
am No 7, 2012; No 13, 2013; No 13, 2021 | |
s 38D..................................... | ad No 40, 1996 |
am No 13, 2013; No 13, 2021 | |
s 38E..................................... | ad No 40, 1996 |
s 38F...................................... | ad No 40, 1996 |
s 38G..................................... | ad No 40, 1996 |
s 38H..................................... | ad No 40, 1996 |
am No 13, 2013; No 13, 2021 | |
s 38I...................................... | ad No 40, 1996 |
am No 13, 2013; No 13, 2021 | |
s 38J...................................... | ad No 40, 1996 |
s 38K..................................... | ad No 40, 1996 |
am No 13, 2013; No 13, 2021 | |
s 38L..................................... | ad No 40, 1996 |
s 38M.................................... | ad No 40, 1996 |
s 38N..................................... | ad No 40, 1996 |
am No 13, 2013; No 13, 2021 | |
s 38O..................................... | ad No 40, 1996 |
s 38P...................................... | ad No 40, 1996 |
s 38Q..................................... | ad No 40, 1996 |
s 38R..................................... | ad No 40, 1996 |
s 38S...................................... | ad No 40, 1996 |
s 38T..................................... | ad No 40, 1996 |
s 38U..................................... | ad No 40, 1996 |
s 38V..................................... | ad No 40, 1996 |
s 38W.................................... | ad No 40, 1996 |
s 38X..................................... | ad No 40, 1996 |
s 38Y..................................... | ad No 40, 1996 |
s 38Z..................................... | ad No 40, 1996 |
am No 13, 2013; No 13, 2021 | |
s 38ZA................................... | ad No 40, 1996 |
am No 127, 2004 | |
s 38ZB................................... | ad No 40, 1996 |
am No 13, 2013; No 13, 2021 | |
s 38ZC................................... | ad No 7, 2012 |
am No 13, 2013; No 13, 2021 | |
s 38ZD................................... | ad No 7, 2012 |
am No 13, 2013; No 13, 2021 | |
s 39........................................ | am No 40, 1996; No 59, 2015 |
s 39A..................................... | ad No 40, 1996 |
am No 106, 2009; No 7, 2012 | |
s 39B..................................... | ad No 40, 1996 |
s 40........................................ | am No 40, 1996; No 136, 2012 |
s 42........................................ | ed C38 |
s 43........................................ | am No 40, 1996; No 7, 2012 |
s 43A..................................... | ad No 164, 1992 |
am No 40, 1996 | |
s 43B..................................... | ad No 40, 1996 |
am No 4, 2016 | |
s 43C..................................... | ad No 40, 1996 |
s 43D..................................... | ad No 7, 2012 |
am No 197, 2012 | |
s 44........................................ | am No 7, 2012; No 13, 2013; No 13, 2021 |
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