Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987

Administered by Attorney-General's Department

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No. 86 of 1987

An Act to make amendments of certain Acts consequential upon the enactment of the Mutual Assistance in Criminal Matters Act 1987, and for related matters

[Assented to 5 June 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987.

Commencement

2. (1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) The amendments made by this Act shall come into operation on a day or days to be fixed by Proclamation.

Amendment of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

Transitional

4. Notwithstanding the repeal of section 33ab of the Extradition (Commonwealth Countries) Act 1966 or of section 27 of the Extradition (Foreign States) Act 1966, that section continues to apply to a request made for the purposes of that section before the repeal.

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SCHEDULE Section 3

AMENDMENT OF ACTS

Australian Citizenship Act 1948

Section 5a:

Add at the end the following subsection:

“(5) Notwithstanding the preceding provisions of this section, where a person who has travelled to Australia by virtue of a visa granted under section 11ab of the Migration Act 1958 has entered into Australia, the person shall not be taken by virtue of this section to be a permanent resident for the purposes of this Act at any time when:

(a) the relevant certificate issued under that section is in force; and

(b) the person is not the holder of an entry permit (other than a temporary entry permit) in force under that Act.”.

Section 13:

After subsection (9) insert the following subsection:

“(9a) Subsection (9) does not apply to a person to whom subsection 5a (5) applies.”.

Director of Public Prosecutions Act 1983

Paragraph 6 (1) (k):

Add at the end “or the Mutual Assistance in Criminal Matters Act 1987”.

Subsection 9 (6):

After “1966” (second occurring) insert “, proceedings in Australia under the Mutual Assistance in Criminal Matters Act 1987”.

Extradition (Commonwealth Countries) Act 1966

Section 33ab:

Repeal the section.

Extradition (Foreign States) Act 1966

Section 27:

Repeal the section.

Migration Act 1958

Subsection 5 (1):

Before the definition of “stowaway” insert the following definition:

“‘statutory visitor’ means a non-citizen who has travelled to Australia by virtue of a visa granted under section 11ab;”.

Subsection 5 (1) (definition of “visa”):

Add at the end “or 11ab”.

After section 6a:

Insert the following section:

Conditions on which entry permits may be granted to statutory visitors after entry into Australia

“6b.(1) An entry permit may be granted to a statutory visitor after entering into Australia if, and only if, one or both of the following conditions is satisfied:

(a) the visitor has been granted, by instrument under the hand of a Minister, territorial asylum in Australia;

(b) the Minister has determined, by instrument in writing, that the visitor has the status of refugee within the meaning of the Convention relating to the Status of Refugees that was done at Geneva on 28 July 1951 or of the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967.

“(2) The grant of an entry permit under subsection (1) shall be made:

(a) where paragraph (1) (a) applies—by the Minister; or

(b) where paragraph (1) (b) applies—by:

(i) the Minister; or

(ii) an officer authorised by the Minister, by instrument in writing, to be an authorised officer for the purposes of this section or section 6a.

“(3) An entry permit shall be in a form approved by the Minister and shall be expressed to permit the person to whom it is granted to remain in Australia.

“(4) Subsections 6 (4), (6) and (6a) apply to an entry permit granted under this section as they apply to an entry permit granted under section 6.

“(5) Subject to subsection (4), sections 6 and 6a do not apply in relation to a statutory visitor.”.

After section 11a:

Insert the following section:

Statutory visitors

“11ab. (1) The Secretary to the Attorney-General’s Department, or an officer of that Department authorised by that Secretary, may issue a certificate in writing stating that the presence of a specified non-citizen in Australia is required for purposes connected with the Mutual Assistance in Criminal Matters Act 1987.

“(2) Where an authorised officer (as defined by subsection 5 (1)) is satisfied that a certificate is in force in relation to a person, the officer shall grant to the person a visa with respect to travel to Australia by the person for the purposes referred to in subsection (1).

“(3) Subsections 11a (2) and (3) (but no other provisions of section 11a) apply in relation to a visa granted under this section.

“(4) Subject to subsection (5), the Secretary to the Attorney-General’s Department, or an officer of that Department authorised by that Secretary, may cancel a certificate, but only on the ground that the presence of the non-citizen in Australia is no longer required for the purposes referred to in subsection (1).

“(5) A certificate shall not be cancelled before reasonable notice in writing has been given to the non-citizen and the Secretary to the Department.”.

After section 18:

Insert the following section:

Non-citizens whose certificates under section 11ab are cancelled

“18a. (1) Where:

(a) a person has travelled to Australia by virtue of a visa granted under section 11ab;

(b) the person:

(i) is in Australia;

(ii) is not the holder of a valid entry permit; and

(iii) has not become an Australian citizen; and

the person shall be deemed to be a prohibited non-citizen and the Minister shall be deemed to order the deportation of the person.

“(2) The Minister has no power to revoke an order deemed to be made under subsection (1).

“(3) In any proceedings in which it is alleged that subsection (1) applies or applied to a person at a particular time, a certificate of the Secretary to the Department, or of an officer of the Department authorised by that Secretary to grant certificates under this subsection, stating that the first-mentioned person is not, or was not, at that time an Australian citizen, or the holder of a valid entry permit, as the case requires, is admissible in the proceedings and is prima facie evidence of the matter stated.

“(4) For the purposes of subsection (3), a document purporting to be a certificate referred to in subsection (3) shall, unless there is evidence to the contrary, be deemed to be such a certificate and to have been duly given.”.

Section 31b:

After subsection (2) insert the following subsection:

“(2a) Where:

(a) a certificate has been issued under subsection 11ab in relation to a person;

(b) the person has not become an Australian citizen or the holder of a valid entry permit; and

the person commits an offence against this subsection.”.

Subsection 31b (4):

After “(2)” insert “, (2a)”.

Subsection 31b (5):

(a) Omit “or (2)”, substitute “, (2) or (2a)”.

(b) Omit from the end of paragraph (a) “or”.

“; or (c) in the case of an offence against subsection (2a)—certifying that the person charged with the offence has not become an Australian citizen or the holder of a valid entry permit, as the case requires;”.

[Minister’s second reading speech made in—

House of Representatives on 30 April 1987

Senate on 29 May 1987]

Overview

The Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987 was enacted to address the legislative gaps and inconsistencies that arose following the introduction of the Mutual Assistance in Criminal Matters Act 1987. This Act was passed by the Parliament of Australia and received Royal Assent on 5 June 1987. It aims to amend various existing Acts to ensure they are consistent with the new mutual assistance framework established by the principal Act. This consequential amendments legislation ensures that other statutes are aligned with the Mutual Assistance in Criminal Matters Act 1987, facilitating smoother and more effective cooperation in criminal matters with other jurisdictions. The policy objective is to streamline and harmonise the legal processes involved in cross-border criminal investigations and proceedings, thereby enhancing the efficiency and effectiveness of mutual legal assistance.

Scope and Application

The Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987 applies to the amendments of several Acts as specified in the Schedule, including the Australian Citizenship Act 1948, the Director of Public Prosecutions Act 1983, the Extradition (Commonwealth Countries) Act 1966, the Extradition (Foreign States) Act 1966, and the Migration Act 1958. These amendments are consequential upon the enactment of the Mutual Assistance in Criminal Matters Act 1987, affecting both individuals and entities that fall under the jurisdiction of these Acts. The Act's scope extends to altering legal definitions, repealing certain sections, and introducing new provisions to facilitate the administration of justice in criminal matters, particularly in the context of mutual assistance between jurisdictions. The amendments are designed to align existing legislation with the new framework established by the Mutual Assistance in Criminal Matters Act 1987, ensuring consistency and effectiveness in cross-jurisdictional criminal proceedings. The Act applies on a national level across Australia, including the Commonwealth, states, and territories, and its application is not restricted by specific thresholds or exemptions as outlined in the text.

Key Provisions

The Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987 (Cth) introduces amendments to several existing Acts, including the Australian Citizenship Act 1948, Director of Public Prosecutions Act 1983, Extradition (Commonwealth Countries) Act 1966, Extradition (Foreign States) Act 1966, and the Migration Act 1958. These amendments are largely designed to integrate the provisions of the Mutual Assistance in Criminal Matters Act 1987 into the legislative framework, ensuring consistency and coherence across related areas of law. For instance, the Australian Citizenship Act 1948 is amended to clarify that individuals who travel to Australia under a visa issued under section 11ab of the Migration Act 1958 do not qualify as permanent residents if certain conditions are met (sections 5a(5) and 13(9a)). Similarly, the Director of Public Prosecutions Act 1983 is updated to include references to the Mutual Assistance in Criminal Matters Act 1987 (sections 6(1)(k) and 9(6)). Additionally, specific sections of the Extradition (Commonwealth Countries) Act 1966 and Extradition (Foreign States) Act 1966 are repealed to align with the new legislative framework (sections 33ab and 27 respectively). The Act imposes a range of obligations and requirements on various parties, particularly focusing on the issuance and management of visas and entry permits for non-citizens involved in matters related to mutual assistance in criminal matters. Under the Migration Act 1958, the Secretary to the Attorney-General’s Department or an authorised officer can issue a certificate stating that the presence of a specified non-citizen in Australia is required for purposes connected with the Mutual Assistance in Criminal Matters Act 1987 (section 11ab(1)). An authorised officer must then grant a visa to such a person, allowing them to travel to Australia for the specified purposes (section 11ab(2)). The certificate can be cancelled, but only if the presence of the non-citizen is no longer required, and only after reasonable notice has been given to the non-citizen and the Secretary to the Department (section 11ab(4) and (5)). If a non-citizen's certificate is cancelled and they are not a citizen or holder of a valid entry permit, they are deemed a prohibited non-citizen and subject to deportation (section 18a(1)). The Minister has no power to revoke such a deportation order (section 18a(2)). Breaches of the provisions outlined in the Act can result in significant legal consequences. For example, if a non-citizen who has a certificate issued under section 11ab performs any work in Australia, they commit an offence (section 31b(2a)). The penalties for such an offence include imprisonment for up to two years, a fine of up to 12 months' penalty units, or both (section 31b(5)). These penalties reflect the seriousness with which the Act treats non-compliance with its provisions, particularly those aimed at managing the entry and stay of non-citizens involved in criminal matters requiring mutual assistance. The Act ensures that the legal framework is robust, providing clear guidelines and consequences for non-compliance.

Area of Law: Criminal Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Offence Provisions

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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