Document ID: chunk:federal_register_of_legislation:C2012A00007:clause:3_15e
Version: federal_register_of_legislation:C2012A00007
Segment Type: clause
Provision Reference: sch 3 cl 15E
Character Range: 83401–84809

15E  Requests by Australia for surveillance devices
 (1) This section applies if:
 (a) an investigation in relation to an offence punishable by a maximum penalty of imprisonment for 3 years or more has commenced in Australia; and
 (b) the use of a surveillance device (however described) is reasonably necessary for the purpose of obtaining information relevant to:
 (i) the commission of the offence; or
 (ii) the identity or location of the offenders.
 (2) Australia may request an appropriate authority of a foreign country:
 (a) to authorise the use of a surveillance device (however described), in accordance with the law of that country, to obtain the information referred to in paragraph (1)(b); and
 (b) to arrange for any such information that has been obtained to be sent to Australia.
 (3) Subsection (4) applies if:
 (a) Australia makes a request under this section; and
 (b) the foreign country obtains any information referred to in paragraph (1)(b) by means of a process authorised by the law of that country other than the use (as requested by Australia) of a surveillance device.
 (4) The information obtained by the foreign country:
 (a) is not inadmissible in evidence in a proceeding that relates to the investigation; 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.