Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p2
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 2/27)
Character Range: 3405–6267

in a proceeding or to give assistance in relation to an investigation; and

         (c) to facilitate the obtaining by Australia of international assistance in criminal matters.

2 Section 6

Repeal the section, substitute:

6 Act not to limit other provision etc. of assistance

      This Act does not prevent the provision or obtaining of international assistance in criminal matters other than assistance of a kind that may be provided or obtained under this Act.

3 Section 7

Repeal the section, substitute:

7 Application of Act

(1) Subject to this section, this Act applies to all foreign countries.

(2) The regulations may provide that this Act applies to a foreign country subject to:

         (a) any mutual assistance treaty between that country and Australia that is referred to in the regulations; and

         (b) any multilateral mutual assistance treaty (being a treaty to which that country is a party) that is referred to in the regulations.

      (3) If the regulations provide, in accordance with subsection (2), that this Act applies to a foreign country subject to a mutual assistance treaty, then:

         (a) if the treaty relates wholly to the provision of assistance in criminal matters—this Act applies subject to the limitations, conditions, exceptions or qualifications that are necessary to give effect to the treaty in relation to that country; or

         (b) if the treaty relates in part to the provision of assistance in criminal matters—this Act applies subject to the limitations, conditions, exceptions or qualifications that are necessary to give effect, in relation to that country, to that part of the treaty that relates to the provision of assistance in criminal matters.

4 Subsection 14(1)

Omit "to which this Act applies".

5 Paragraphs 16(1)(b) and (2)(b)

Omit "to which this Act applies".

6 Subsection 29(1)

Omit all the words to and including "the person:", substitute:

     If a person is to be transported in custody from a foreign country through Australia to another foreign country for the purposes of:

(a) giving evidence in a proceeding; or

(b) giving assistance in relation to an investigation;

     relating to a criminal matter in the other foreign country, the person:

7 Section 32

Omit "to which this Act applies".

8 Section 33

Omit "to which this Act applies''.

9 Subsection 37A(1)

   Omit being a country to which this Act applies because of regulations made under subsection 7(2A),".

Part 2—Requests for assistance

10 Subsection 3(1)

Insert:

      video link means a video and sound system that enables persons assembled in a place in a country to see, hear and talk to persons assembled in a place in another country.

11 Section 10

Repeal the section, substitute:

10 Request by Australia

      (1) A request for international assistance in a criminal matter that