Document ID: chunk:federal_register_of_legislation:C2023C00229:section:16
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 16
Character Range: 67480–68922

16  Requests for removal of certain persons to Australia
 (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.