Document ID: chunk:federal_register_of_legislation:C2023C00229:section:27:p1
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 27 (pt 1/3)
Character Range: 83161–85844

27  Requests for assistance in relation to investigations in foreign countries
 (1) Where:
 (a) an investigation relating to a criminal matter has commenced in a foreign country;
 (b) the foreign country requests the removal of a federal prisoner or a State prisoner who is in Australia (whether or not in custody) to the foreign country for the purpose of giving assistance in relation to the investigation;
 (c) there are reasonable grounds to believe that the prisoner is capable of giving assistance in relation to the investigation; and
 (d) the Attorney‑General is satisfied that:
 (i) the prisoner has consented to being removed to the foreign country for the purpose of giving assistance in relation to the investigation; 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:
 (e) in a case where the prisoner is being held in custody:
 (i) if the prisoner is a federal prisoner and is not also a State prisoner—direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give assistance in relation to the investigation;
 (ii) if the prisoner is a federal prisoner and also a State prisoner—direct, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of travelling to the foreign country for the purpose of giving assistance in relation to the investigation; and
 (iii) in any case, subject to the making or giving of any necessary directions or approvals in relation to the release of the prisoner—make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney‑General for the purpose; or
 (f) in a case where the prisoner, having been released from custody on a parole or other order or licence to be at large, is not being held in custody:
 (i) if the prisoner is a federal prisoner and is not also a State prisoner—approve the travel of the prisoner to the foreign country for the purpose of giving assistance in relation to the investigation and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large as may be required;
 (ii) if the prisoner is a federal prisoner and also a State prisoner—subject to the obtaining of any approvals, authorities or permissions required to be obtained from an authority of the relevant State and the making of any necessary variations to the parole or other order or licence to be at large,