Document ID: chunk:federal_register_of_legislation:C2023C00229:section:13:p1
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 13 (pt 1/3)
Character Range: 43378–46141

13  Requests by foreign countries for the taking of evidence or the production of documents
 (1) This section applies if a foreign country (the requesting country) requests:
 (a) any of the following:
 (i) that evidence be taken in Australia;
 (ii) that evidence be taken in Australia and a tape recording be made of the evidence taken;
 (iii) that evidence be taken in Australia for live transmission by means of video link to a courtroom or other place in the requesting country; or
 (b) that documents or other articles in Australia be produced;
for the purposes of a proceeding in relation to a criminal matter in that country or another foreign country (the foreign proceeding).
 (1A) The Attorney‑General may, by writing in accordance with the approved form, authorise:
 (a) the taking of the evidence and its transmission to the requesting country; or
 (b) the production of the documents or other articles and their transmission to the requesting country.
 (2) If the Attorney‑General gives an authorisation under subsection (1A):
 (a) in the case of the taking of evidence—a Magistrate or eligible Judge may do all or any of the following:
 (i) take evidence on oath or affirmation of the witness appearing before the Magistrate or Judge to give evidence in relation to the matter;
 (ii) direct that all or part of the proceeding be conducted in private;
 (iii) require a person to leave the place in Australia where the giving of evidence is taking place or going to take place;
 (iv) prohibit or restrict the publication of evidence given in the proceeding or of the name of a party to, or a witness in, the foreign proceeding;
 (v) subject to subsection 13AB(1), require the production of documents or other articles;
 (vi) take such action as the Magistrate or Judge considers appropriate to facilitate the foreign proceeding;
 (vii) perform any other function required by the regulations; or
 (b) in the case of the production of documents or other articles—a Magistrate or eligible Judge may, subject to subsection 13AB(1), require the production of the documents or other articles and, where the documents or other articles are produced, a Magistrate or eligible Judge must send the documents, or copies of the documents certified by that Magistrate or Judge to be true copies, or the other articles, to the Attorney‑General.
Note 1: Subparagraph (2)(a)(i)—see also subsection (2C).
Note 2: Subparagraphs (2)(a)(ii), (iii) and (iv)—see also subsection (2B).
 (2A) However, a Magistrate or eligible Judge may not make a ruling about the admissibility of evidence in a foreign proceeding.
 (2B) If a Magistrate or eligible Judge is taking evidence for live transmission by means of video link to a courtroom or other place in the requesting country,