Document ID: chunk:federal_register_of_legislation:C2023C00229:section:12
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 12
Character Range: 41915–43378

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; or
 (ii) a document or other article in the foreign country to be produced;
  for the purposes of a proceeding or investigation relating to a criminal matter in Australia; and
 (aa) if subparagraph (a)(i) applies—to arrange for a tape recording to be made of the evidence to be taken; and
 (b) to arrange for the evidence (and if paragraph (aa) applies, the tape recording or a copy of it), 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 examined or cross‑examined in person, or through a video link from Australia, by:
 (a) any party to the proceeding or that party's legal representative; or
 (b) any person being investigated or that person's legal representative.

Division 2—Requests by foreign countries