Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p3
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 3/27)
Character Range: 6026–8770

place in a country to see, hear and talk to persons assembled in a place in another country.

11 Section 10

Repeal the section, substitute:

10 Request by Australia

      (1) A request for international assistance in a criminal matter that Australia is authorised to make under this Act may be made only by the Attorney-General.

      (2) Subsection (1) does not prevent the Attorney-General on behalf of Australia from requesting international assistance in a criminal matter other than assistance of a kind that may be requested under this Act.

12 Subsection 11(2)

Repeal the subsection, substitute:

      (2) A request must be in writing and must include or be accompanied by the following information:

(a) the name of the authority concerned with the criminal matter to which the request relates;

        (b) a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;

(c) a description of the purpose of the request and of the nature of the assistance being sought;

(d) any information that may assist in giving effect to the request.

However, a failure to comply with this subsection is not a ground for refusing the request.

13 At the end of section 11

Add:

      (4) If a foreign country makes a request to a court in Australia for international assistance in a criminal matter:

(a) the court must refer the request to the Attorney-General; and

         (b) the request is then taken, for the purposes of this Act, to have been made to the Attorney-General.

14 Section 12

Repeal the section, substitute:

12 Requests by Australia

      (1) Australia may request the appropriate authority of a foreign country:

(a) to arrange for:

           (i) evidence to be taken in the foreign country in accordance with the law of that country; or

           (ii) a document or other article in the foreign country to be produced in accordance with the law of that country;

         for the purposes of a proceeding or investigation relating to a criminal matter in Australia; and

(b) to arrange for the evidence, document or other article to be sent to Australia.

      (2) To remove any doubt, it is stated that:

(a) any evidence may be taken; or

(b) any document or other article may be obtained;

in the foreign country even though, under Australian law:

(c) the evidence could not have been taken; or

         (d) the document or other article could not have been obtained; by using in the circumstances processes similar to those used in the foreign country.

      (3) When making a request under subsection (1), Australia may also request that an opportunity be given for the person giving evidence, or producing the document or other article, to be