Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p4
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 4/27)
Character Range: 8522–11668

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, 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.

15 Subsection 13(1)

   After "foreign country" (first occurring), insert "(requesting country)".

16 Subsection 13(1)

   Omit "foreign country" (second occurring), substitute "requesting country or another foreign country".

17 Subsection 13(1)

   Omit "foreign" (last occurring), substitute "requesting".

18 Subsection 13(3)

   Omit "foreign", substitute "requesting".

19 Paragraph 13(4)(a)

   Omit "foreign", substitute "requesting".

20 Paragraph 13(4)(c)

   Omit "foreign", substitute "requesting".

21 After subsection 13(4)

   Insert:

      (4A) If the requesting country has so requested, the Magistrate 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, through a video link, from the requesting country any person giving evidence or producing a document or other article, at the proceeding.

22 Paragraph 13(5)(a)

   Omit "foreign", substitute "requesting".

23 Subsection 13(7)

   Omit "foreign", substitute "requesting".

24 Subsection 13(8)

Omit "a foreign", substitute "the requesting country or another foreign".

25 Subsection 13(8)

Omit "the foreign", substitute "that".

26 Subsection 13(10)

Omit "foreign", substitute "requesting".

27 Subsections 14(2) and (3)

Repeal the subsections, substitute:

      (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 anything 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.

28 Paragraph