Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_3b:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 3B (pt 1/2)
Character Range: 46233–49155

3B  Statutory requirements certificate—designated international agreements

Scope
 (1) This section applies if:
 (a) there is an agreement between Australia and one or more foreign countries; and
 (b) the agreement deals with (among other things) the issue of orders (however described) by a competent authority (however described) of the foreign country, or each of the foreign countries, concerned.

Certificate
 (2) The Attorney‑General may, after consulting the Minister and the Minister for Foreign Affairs, issue a certificate (a statutory requirements certificate) in relation to:
 (a) a foreign country that is a party to the agreement; and
 (b) the agreement.
 (3) A statutory requirements certificate is a notifiable instrument.
 (4) The Attorney‑General must not issue a statutory requirements certificate in relation to:
 (a) a foreign country that is a party to the agreement; and
 (b) the agreement;
unless the Attorney‑General is satisfied that:
 (c) the agreement is appropriate in the circumstances, having regard only to:
 (i) the foreign country's respect for the rule of law; and
 (ii) the foreign country's respect for its obligations under international law relating to human rights; and
 (d) the following requirements are met in relation to orders (however described) issued by a competent authority (however described) of the foreign country:
 (i) the agreement provides that orders are to be issued in compliance with the law of the foreign country;
 (ii) the agreement provides that orders may only be issued for the purposes of obtaining information relevant to the prevention, detection, investigation or prosecution of serious crime (as defined in the agreement);
 (iii) the agreement provides that orders may not be issued for the purposes of investigating, prosecuting or punishing a person on account of the person's political opinions;
 (iv) the agreement, so far as it relates to orders, is appropriate in the circumstances, having regard only to the matters set out in subclause (5);
 (v) the agreement does not permit orders to be issued for the purposes of obtaining information about the communications of a person who is an Australian citizen or a permanent resident of Australia;
 (vi) the agreement provides for limitations and safeguards relating to the use, handling and disclosure of information obtained in accordance with orders;
 (vii) the agreement does not permit orders to be issued on behalf of another country;
 (viii) the agreement does not impose obligations on the foreign country to share information it has obtained in accordance with orders with another country; and
 (e) if one or more offences against the law of the foreign country are death penalty offences (within the meaning of clause 3)—the Minister has received a written assurance from the government of the foreign country in accordance with subclause 3(2) or (5).
 (5) For the purposes of subparagraph