Document ID: chunk:federal_register_of_legislation:C2023C00229:section:8:p2
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 8 (pt 2/2)
Character Range: 37598–39862

having regard to the special circumstances of the case, that the assistance requested should be granted.
 (1B) A request by a foreign country for assistance under this Act may be refused if the Attorney‑General:
 (a) believes that the provision of the assistance may result in the death penalty being imposed on a person; and
 (b) after taking into consideration the interests of international criminal co‑operation, is of the opinion that in the circumstances of the case the request should not be granted.
 (2) A request by a foreign country for assistance under this Act may be refused if, in the opinion of the Attorney‑General:
 (a) the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Australia, would not have constituted an offence against Australian law at the time at which the request was received; or
 (b) both of the following subparagraphs are satisfied:
 (i) the request relates to a foreign order in relation to an offence;
 (ii) an act or omission constituting the offence, had the act or omission occurred in Australia, would not have constituted an offence against Australian law at the time at which the request was received; or
 (c) the request relates to the investigation, prosecution or punishment of a person for an offence in a case where:
 (i) the person has been acquitted or pardoned by a competent tribunal or authority in the foreign country, or in Australia or another country; or
 (ii) the person has undergone the punishment provided by the law of the foreign country, or of Australia or another country;
  in respect of that offence or of another offence constituted by the same act or omission as that offence; or
 (d) the provision of the assistance could prejudice an investigation or proceeding in relation to a criminal matter in Australia; or
 (e) the provision of the assistance would, or would be likely to, prejudice the safety of any person (whether in or outside Australia); or
 (f) the provision of the assistance would impose an excessive burden on the resources of the Commonwealth or of a State or Territory; or
 (g) it is appropriate, in all the circumstances of the case, that the assistance requested should not be granted.