Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p5
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 5/27)
Character Range: 11416–14260

(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.

28 Paragraph 15(1)(b)

Omit "a thing relevant", substitute "evidential material relating".

29 Paragraph 15(1)(c)

   Omit "under this section in relation to that thing", substitute "in respect of the evidential material".

30 Subsection 15(1)

   Omit "that thing" (second occurring), substitute "the evidential material".

31 At the end of subsection 15(1)

   Add:

          Note: Divisions 2 and 3 of Part VIIA make provision relating to applications for, and the issue and execution of, search warrants requested by foreign countries.

32 Subsections 15(2) to (15)

   Repeal the subsections.

Note: The heading to section 15 is altered by adding at the end "—action by Attorney-General'.

33 Subsections 16(1) and (2)

   Omit "the Attorney-General may, in his or her discretion,", substitute "Australia may".

34 Subsection 16(3)

   Omit "Where the Attorney-General makes a request", substitute "If a request is made".

35 Section 32

   Omit "The Attorney-General may, in his or her discretion,", substitute "Australia may".

36 Section 33

   Omit "the Attorney-General may, in his or her discretion,", substitute "Australia may".

37 After section 39

   Insert:

39A Requests by Attorney-General on behalf of a defendant

      (1) If a defendant in a proceeding (original proceeding) relating to a criminal matter thinks that it is necessary for the purposes of the proceeding that:

(a) evidence should be taken in a foreign country; or

(b) a document or other article in a foreign country should be produced; or

(c) a thing located in a foreign country should be seized; or

         (d) arrangements should be made for a person who is in a foreign country to come to Australia to give evidence relevant to the proceeding;

      the defendant may apply to the Supreme Court of the State or Territory in which the proceeding is being heard for a certificate that it would be in the interests of justice for the Attorney-General to make any appropriate request to the foreign country under Part II, III or IV so that:

(e) the evidence may be taken; or

(f) the document or article may be produced; or

(g) the thing may be seized; or

(h) the arrangements may be made.

(2) Before making a decision on the application, the court must give an opportunity to:

(a) all parties to the original proceeding; and

(b) the Attorney-General;

        to appear before the court and be heard on the merits of the application.

(3) In deciding whether to issue a certificate, the court must have regard to the following matters:

         (a) whether the foreign country is likely to grant such