Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_3:p2
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/3)
Character Range: 39792–42555

if it is obtained in accordance with such an order.
Note 1: For Australian‑sourced information, see subclause (8).
Note 2: For death penalty offence, see subclause (7A).

Multilateral agreement
 (3) For the purposes of this Schedule, if:
 (a) there is an agreement between Australia and 2 or more foreign countries; and
 (b) a copy of the English text of the agreement is set out in the regulations; and
 (c) the agreement has entered into force for Australia;
then:
 (d) if the agreement is affected by an amendment, where:
 (i) a copy of the English text of the amendment is set out in the regulations; and
 (ii) the amendment has entered into force for Australia;
  the agreement, as affected by such an amendment, is a designated international agreement; or
 (e) if paragraph (d) does not apply—the agreement is a designated international agreement.
Note: An agreement mentioned in paragraph (a) is a treaty to which Australia is a party. Proposed treaty actions, such as amendments of treaties and extensions of the duration of treaties, are subject to Australia's treaty‑making process. In 2021, the parliamentary scrutiny process for proposed treaty actions included tabling in both Houses of the Parliament and consideration by the Joint Standing Committee on Treaties.
 (4) If there is an agreement between Australia and 2 or more foreign countries, the regulations may declare that one or more of those foreign countries are recognised parties to the agreement for the purposes of this Schedule.
 (4A) If:
 (a) there is an agreement between Australia and 2 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 each of the foreign countries;
a foreign country that is a party to the agreement must not be declared under subclause (4) unless a statutory requirements certificate is in force under clause 3B in relation to the foreign country and the agreement.
 (5) If:
 (a) there is an agreement between Australia and 2 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 each of the foreign countries; and
 (c) one or more offences against the law of one or more of those foreign countries are death penalty offences;
a foreign country covered by paragraph (c) must not be declared under subclause (4) unless the Minister has received a written assurance from the government of the foreign country, relating to the use or non‑use of Australian‑sourced information obtained by virtue of the agreement, in connection with any proceeding by way of a prosecution for a death penalty offence in the foreign country. For the