Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p7
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 7/27)
Character Range: 16575–19360

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.

42 At the end of paragraphs 8(2)(a), (b), (c) and (d)

Add "or".

43 At the end of subsection 8(2)

Add:

          ; or (g) it is appropriate, in all the circumstances of the case, that the assistance requested should not be granted.

Part 4—Restriction on use of information

44 After section 43A

Insert:

43B Restriction on use of information etc.

      (1) If, as a result of a request made by the Attorney-General under this Act, any material (whether it is evidence, a document, an article or a thing) has been sent to Australia by a foreign country for the purposes of a proceeding or investigation in relation to a criminal matter, the material is not to be used intentionally for any other purpose without the approval of the Attorney-General.

      (2) The material is inadmissible in evidence in any proceeding other than the proceeding in respect of which it was obtained unless the Attorney-General has approved its use for the purposes of that other proceeding.

      (3) Any information, document, article or thing obtained directly or indirectly from a person by making use of the material:

         (a) otherwise than for the purposes of the proceeding or investigation in respect of which it was obtained; and

         (b) without the approval of the Attorney-General;

      is inadmissible in evidence in any other proceeding and may not be used for the purposes of any other investigation.

      (4) Any person who contravenes subsection (1) is guilty of an offence punishable, on conviction, by a term of imprisonment not exceeding 2 years.

         Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

      (5) For the purposes of this section, disclosure of any material is taken to be a use of that material.

43C Requests for international assistance not to be disclosed

A person who, because of his or her office or employment, has knowledge of:

         (a) the contents of a request for international assistance made by a foreign country to Australia under this Act; or

         (b) the fact that such a request has been made; or

         (c) the fact that such a request has been granted or refused;

        must not intentionally disclose those contents or that fact except if:

(d) it is necessary to do so in the performance of his or her duties; or

         (e) the Attorney-General has given