Document ID: chunk:federal_register_of_legislation:C2023C00229:section:14
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 14
Character Range: 56680–58119

14  Requests by Australia for search and seizure
 (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.