Document ID: chunk:federal_register_of_legislation:C2023C00229:section:26:p2
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 26 (pt 2/3)
Character Range: 79376–82016

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