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Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011

Schedule 3 Amendments relating to providing mutual assistance in criminal matters

Part 1 Grounds of refusal

Mutual Assistance in Criminal Matters Act 1987

1  Paragraph 8(1)(a)

After “relates to the”, insert “investigation,”.

2  Paragraph 8(1)(b)

After “with a view to”, insert “investigating,”.

3  After paragraph 8(1)(b)

Insert:

                   (ba)  the request relates to a foreign order in relation to an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, a political offence; or

4  Paragraph 8(1)(c)

After “for the purpose of”, insert “investigating,”.

5  Paragraph 8(1)(c)

After “sex,”, insert “sexual orientation,”.

6  After paragraph 8(1)(c)

Insert:

                    (ca)  there are substantial grounds for believing that, if the request was granted, the person would be in danger of being subjected to torture; or

7  Paragraph 8(1)(d)

After “relates to the”, insert “investigation,”.

8  After paragraph 8(1)(d)

Insert:

                   (da)  both of the following subparagraphs are satisfied:

                              (i)  the request relates to a foreign order in relation to an offence;

                             (ii)  an act or omission constituting the offence, had the act or omission occurred in Australia, would have constituted an offence under the military law of Australia but not also under the ordinary criminal law of Australia; or

9  Paragraph 8(1)(e)

Omit “Territory; or”, substitute “Territory.”.

10  Paragraph 8(1)(f)

Repeal the paragraph.

11  Subsection 8(1A)

Repeal the subsection, substitute:

          (1A)  A request by a foreign country for assistance under this Act must be refused if:

                     (a)  the request relates to the investigation, prosecution or punishment of:

                              (i)  a person arrested or detained on suspicion of having committed an offence; or

                             (ii)  a person charged with, or convicted of, an offence; and

                     (b)  the offence is one in respect of which the death penalty may be imposed in the foreign country;

unless the Attorney-General is of the opinion, having regard to the special circumstances of the case, that the assistance requested should be granted.

12  Paragraph 8(2)(a)

After “relates to the”, insert “investigation,”.

13  Paragraph 8(2)(a)

After “Australian law”, insert “at the time at which the request was received”.

14  Paragraphs 8(2)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  both of the following subparagraphs are satisfied:

                              (i)  the request relates to a foreign order in relation to an offence;

                             (ii)  an act or omission constituting the offence, had the act or omission occurred in Australia, would not have constituted an offence against Australian law at the time at which the request was received; or

                     (c)  the request relates to the investigation, prosecution or punishment of a person for an offence in a case where:

                              (i)  the person has been acquitted or pardoned by a competent tribunal or authority in the foreign country, or in Australia or another country; or

                             (ii)  the person has undergone the punishment provided by the law of the foreign country, or of Australia or another country;

                            in respect of that offence or of another offence constituted by the same act or omission as that offence; or

15  Application of amendments made by this Part

The amendments made by this Part apply in relation to a request by a foreign country that is under consideration on or after the commencement of this item, whether the request was made before or after that commencement.



 

Part 2 Video link evidence

Mutual Assistance in Criminal Matters Act 1987

16  Subsection 3(1)

Insert:

tape recording means audio recording, video recording or recording by other electronic means.

17  Before section 12

Insert:

Division 1 Requests by Australia

18  Subparagraphs 12(1)(a)(i) and (ii)

Omit “in accordance with the law of that country”.

19  After paragraph 12(1)(a)

Insert:

                    (aa)  if subparagraph (a)(i) applies—to arrange for a tape recording to be made of the evidence to be taken; and

20  Paragraph 12(1)(b)

After “evidence”, insert “(and if paragraph (aa) applies, the tape recording or a copy of it)”.

21  Subsection 12(3)

Omit “, through a video link, from Australia”, substitute “in person, or through a video link from Australia,”.

22  After section 12

Insert:

Division 2 Requests by foreign countries

23  Subsection 13(1)

Repeal the subsection, substitute:

             (1)  This section applies if a foreign country (the requesting country ) requests:

                     (a)  any of the following:

                              (i)  that evidence be taken in Australia;

                             (ii)  that evidence be taken in Australia and a tape recording be made of the evidence taken;

                            (iii)  that evidence be taken in Australia for live transmission by means of video link to a courtroom or other place in the requesting country; or

                     (b)  that documents or other articles in Australia be produced;

for the purposes of a proceeding in relation to a criminal matter in that country or another foreign country (the foreign proceeding ).

          (1A)  The Attorney-General may, by writing in accordance with the approved form, authorise:

                     (a)  the taking of the evidence and its transmission to the requesting country; or

                     (b)  the production of the documents or other articles and their transmission to the requesting country.

24  Saving of existing authorisations

Despite the amendment of subsection 13(1) of the Mutual Assistance in Criminal Matters Act 1987 made by item 23 of this Schedule, authorisations given by the Attorney-General under that subsection that were in force immediately before the commencement of this item continue in force on and after that commencement as if they had been given by the Attorney-General under subsection 13(1A) of that Act as inserted by item 23 of this Schedule.

25  Subsection 13(2)

Omit all the words before paragraph (b), substitute:

             (2)  If the Attorney-General gives an authorisation under subsection (1A):

                     (a)  in the case of the taking of evidence—a Magistrate may do all or any of the following:

                              (i)  take evidence on oath or affirmation of the witness appearing before the Magistrate to give evidence in relation to the matter;

                             (ii)  direct that all or part of the proceeding be conducted in private;

                            (iii)  require a person to leave the place in Australia where the giving of evidence is taking place or going to take place;

                            (iv)  prohibit or restrict the publication of evidence given in the proceeding or of the name of a party to, or a witness in, the foreign proceeding;

                             (v)  subject to subsection 13AB(1), require the production of documents or other articles;

                            (vi)  take such action as the Magistrate considers appropriate to facilitate the foreign proceeding;

                           (vii)  perform any other function required by the regulations; or

26  Paragraph 13(2)(b)

Omit “subsection (6)”, substitute “subsection 13AB(1)”.

27  At the end of subsection 13(2)

Add:

Note 1:       Subparagraph (2)(a)(i)—see also subsection (2C).

Note 2:       Subparagraphs (2)(a)(ii), (iii) and (iv)—see also subsection (2B).

28  After subsection 13(2)

Insert:

          (2A)  However, a Magistrate may not make a ruling about the admissibility of evidence in a foreign proceeding.

          (2B)  If a Magistrate is taking evidence for live transmission by means of video link to a courtroom or other place in the requesting country, the Magistrate:

                     (a)  may only exercise the powers mentioned in subparagraphs (2)(a)(ii), (iii) and (iv) at the request of the foreign court; and

                     (b)  may, at the request of the foreign court, assist with the administering by the foreign court of an oath or affirmation; and

                     (c)  may administer an oath or affirmation.

          (2C)  If a Magistrate takes evidence as mentioned in subparagraph (2)(a)(i) but not for live transmission by means of video link to a courtroom, or other place, in the requesting country, the Magistrate must:

                     (a)  if the requesting country requests that a tape recording be made of the evidence taken—cause a tape recording to be made of the evidence, certify that the evidence on the tape recording was taken by the Magistrate and cause the tape recording, or a copy of it, to be sent to the Attorney-General; and

                     (b)  in any other case—cause the evidence to be put in writing, certify that the evidence was taken by the Magistrate and cause the writing so certified to be sent to the Attorney-General.

          (2D)  If, in taking evidence as mentioned in paragraph (2)(a), a Magistrate requires the production of documents or other articles under subparagraph (2)(a)(v), the Magistrate must send the documents, or copies of the documents certified by the Magistrate to be true copies, or the other articles, to the Attorney-General.

29  Subsection 13(4A)

Omit “, through a video link, from the requesting country”, substitute “in person, or through a video link from the requesting country,”.

30  After subsection 13(4A)

Insert:

          (4B)  For the purposes of Part III of the Crimes Act 1914 :

                     (a)  the proceeding before the Magistrate is a judicial proceeding; and

                     (b)  evidence taken from a witness on oath or affirmation is testimony given in a judicial proceeding.

31  Subsections 13(6) to (10)

Repeal the subsections.

32  After section 13

Insert:

13AA   Enforcement of orders

             (1)  If a Magistrate is conducting a proceeding under subsection 13(2) and makes an order relating to the conduct of the proceeding, the order must be complied with.

             (2)  If the Magistrate is a Federal Magistrate, subject to the Rules of Court made under the Federal Magistrates Act 1999 , the order may be enforced as if the order were an order of the Federal Magistrates Court.

             (3)  In any other case, subject to the rules of the court of which the Magistrate is a member, the order may be enforced as if the order were an order of that court.

13AB   Commonwealth and State and Territory laws apply in relation to taking evidence and producing documents etc.

             (1)  Subject to subsection (2), the following laws apply, so far as they are capable of application, for the purposes of a proceeding under section 13 in a State or Territory:

                     (a)  laws of the Commonwealth with respect to the compelling of persons to attend before a Federal Magistrate;

                     (b)  laws of the Commonwealth with respect to giving evidence, answering questions and producing documents or other articles before a Federal Magistrate;

                     (c)  laws of a State or Territory with respect to the compelling of persons to attend before a Magistrate (other than a Federal Magistrate);

                     (d)  laws of that State or Territory with respect to giving evidence, answering questions and producing documents or other articles before a Magistrate (other than a Federal Magistrate).

             (2)  For the purposes of section 13:

                     (a)  the person to whom the proceeding in the requesting country relates is competent but not compellable to give evidence; and

                     (b)  a person who is required to give evidence, or produce documents or other articles, for the purposes of a proceeding in relation to a criminal matter in the requesting country or another foreign country, is not compellable to answer a question, or produce a document or article, that the person is not compellable to answer or produce, as the case may be, in the proceeding in that country.

             (3)  Paragraph (2)(b) does not apply if its application would be inconsistent with a provision of a mutual assistance treaty between Australia and the requesting country concerned.

             (4)  A duly authenticated foreign law immunity certificate is admissible in proceedings under section 13 as prima facie evidence of the matters stated in the certificate.

33  Application of amendments made by this Part

The amendments made by this Part apply:

                     (a)  if an authorisation has not been given, before the commencement of this item, by the Attorney-General under subsection 13(1) of the Mutual Assistance in Criminal Matters Act 1987 in relation to a request made by a foreign country—in relation to that request; and

                     (b)  in relation to a request made by a foreign country on or after the commencement of this item.



 

Part 3 Telecommunications and surveillance devices

Division 1—Provision of certain lawfully obtained material

Mutual Assistance in Criminal Matters Act 1987

34  Subsection 3(1)

Insert:

interception warrant information has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .

35  Subsection 3(1)

Insert:

lawfully accessed information has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .

36  Subsection 3(1)

Insert:

lawfully intercepted information has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .

37  Subsection 3(1)

Insert:

protected information means information that is protected information within the meaning of paragraph 44(1)(a), (b) or (c) of the Surveillance Devices Act 2004 .

38  Subsection 3(1)

Insert:

stored communications warrant information has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .

39  Subsection 13A(2)

Repeal the subsection, substitute:

             (2)  The Attorney-General may only authorise the provision to the requesting country of material specified in column 1 of the following table if the request relates to a serious offence against the laws of that country specified in column 2 of the table:

 

Offences for which provision of particular material may be authorised

Item

Column 1

Column 2

1

material that is or includes protected information

a serious offence punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty

2

material that is or includes lawfully accessed information or stored communications warrant information

a serious offence punishable by a maximum penalty of:

(a) imprisonment for 3 years or more, imprisonment for life or the death penalty; or

(b) a fine of an amount that is at least equivalent to 900 penalty units

3

material that is or includes lawfully intercepted information or interception warrant information

(a) a serious offence punishable by a maximum penalty of imprisonment for 7 years or more, imprisonment for life or the death penalty; or

(b) a cartel offence punishable by a maximum penalty of a fine of an amount that is at least equivalent to $10,000,000

40  Subsection 13A(6) (paragraph (b) of the definition of material lawfully obtained by an enforcement agency in Australia )

Omit “prosecution;”, substitute “prosecution.”.

41  Subsection 13A(6) (definition of material lawfully obtained by an enforcement agency in Australia )

Omit all the words after paragraph (b).

Telecommunications (Interception and Access) Act 1979

42  At the end of section 68

Add:

             ; and (l)  if the Attorney-General has authorised the provision of the information to a foreign country under subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987— to that foreign country, or to the Secretary of the Department for the purpose of providing the information to that foreign country.

43  After section 68

Insert:

68A   Communicating information obtained by Secretary

             (1)  The Secretary of the Department may, personally, or by a person authorised by him or her, communicate to another person (including a foreign country) lawfully intercepted information or interception warrant information if:

                     (a)  the information was communicated to the Secretary under paragraph 68(l) for the purpose of providing the information to a foreign country; and

                     (b)  the communication of the information is for purposes connected with providing the information to the foreign country.

             (2)  A person to whom lawfully intercepted information or interception warrant information has been communicated under subsection (1) or this subsection may communicate that information to another person (including a foreign country) for purposes connected with providing the information to the foreign country.

44  Paragraph 94(3)(a)

After “Division 2”, insert “(other than section 102B)”.

45  After section 102A

Insert:

102B   Report regarding mutual assistance requests

                   The report must set out the number of occasions on which lawfully intercepted information or interception warrant information was provided to a foreign country under paragraph 68(l) or section 68A in connection with an authorisation under subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987 .

46  At the end of subsection 139(2)

Add:

               ; or (e)  an authorisation under subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987 in respect of the information.

47  Paragraph 159(1)(a)

After “Division 2”, insert “(other than section 163A)”.

48  At the end of Division 2 of Part 3-6 of Chapter 3

Add:

163A   Report regarding mutual assistance requests

                   The report must set out the number of occasions on which lawfully accessed information or stored communications warrant information was provided to a foreign country under subsection 139(1) or section 142 in connection with an authorisation under subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987 .

49  Application of amendments made by this Division

The amendments made by this Division apply in relation to a request by a foreign country that is under consideration on or after the commencement of this item, whether the request was made before, on or after that commencement.

Division 2—Requests for use of surveillance devices

Mutual Assistance in Criminal Matters Act 1987

50  After Part IIIB

Insert:

Part IIIC Assistance in relation to use of surveillance devices

   

15E   Requests by Australia for surveillance devices

             (1)  This section applies if:

                     (a)  an investigation in relation to an offence punishable by a maximum penalty of imprisonment for 3 years or more has commenced in Australia; and

                     (b)  the use of a surveillance device (however described) is reasonably necessary for the purpose of obtaining information relevant to:

                              (i)  the commission of the offence; or

                             (ii)  the identity or location of the offenders.

             (2)  Australia may request an appropriate authority of a foreign country:

                     (a)  to authorise the use of a surveillance device (however described), in accordance with the law of that country, to obtain the information referred to in paragraph (1)(b); and

                     (b)  to arrange for any such information that has been obtained to be sent to Australia.

             (3)  Subsection (4) applies if:

                     (a)  Australia makes a request under this section; and

                     (b)  the foreign country obtains any information referred to in paragraph (1)(b) by means of a process authorised by the law of that country other than the use (as requested by Australia) of a surveillance device.

             (4)  The information obtained by the foreign country:

                     (a)  is not inadmissible in evidence in a proceeding that relates to the investigation; or

                     (b)  is not precluded from being used for the purposes of the investigation;

on the ground alone that it was obtained otherwise than in accordance with the request.

15F   Requests by foreign countries for surveillance devices

             (1)  The Attorney-General may, in his or her discretion, authorise an eligible law enforcement officer, in writing, to apply for a surveillance device warrant under section 14 of the Surveillance Devices Act 2004 if the Attorney-General is satisfied that:

                     (a)  an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the requesting country ) that is punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty has commenced in the requesting country; and

                     (b)  the requesting country requests the Attorney-General to arrange for the use of a surveillance device; and

                     (c)  the requesting country has given appropriate undertakings in relation to:

                              (i)  ensuring that the information obtained as a result of the use of the surveillance device will only be used for the purpose for which it is communicated to the requesting country; and

                             (ii)  the destruction of a document or other thing containing information obtained as a result of the use of the surveillance device; and

                            (iii)  any other matter the Attorney-General considers appropriate.

             (2)  In this section:

eligible law enforcement officer means a person referred to in paragraph (a) or (c) of the definition of law enforcement officer set out in subsection 6(1) of the Surveillance Devices Act 2004.

Surveillance Devices Act 2004

51  Subsection 6(1)

Insert:

investigative proceeding has the same meaning as in the Mutual Assistance in Criminal Matters Act 1987.

52  Subsection 6(1)

Insert:

mutual assistance application means an application for a surveillance device warrant made under a mutual assistance authorisation.

53  Subsection 6(1)

Insert:

mutual assistance authorisation means an authorisation under subsection 15F(1) of the Mutual Assistance in Criminal Matters Act 1987.

54  After subsection 14(3)

Insert:

          (3A)  A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if he or she:

                     (a)  is authorised to do so under a mutual assistance authorisation; and

                     (b)  suspects on reasonable grounds that the use of a surveillance device is necessary, in the course of the investigation or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:

                              (i)  the commission of the offence to which the authorisation relates; or

                             (ii)  the identity or location of the persons suspected of committing the offence.

55  Subsection 14(4)

Omit “(1) or (3)”, substitute “(1), (3) or (3A)”.

56  After paragraph 16(1)(b)

Insert:

                   (ba)  in the case of a warrant sought in relation to a mutual assistance authorisation—that such an authorisation is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and

57  Paragraph 16(2)(a)

After “relevant offence”, insert “or a mutual assistance authorisation”.

58  Paragraph 16(2)(e)

Before “the likely”, insert “in the case of a warrant sought in relation to a relevant offence or a recovery order—”.

59  After paragraph 16(2)(e)

Insert:

                    (ea)  in the case of a warrant sought in relation to a mutual assistance authorisation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained, to the extent that this is possible to determine from information obtained from the foreign country to which the authorisation relates; and

60  After subparagraph 17(1)(b)(iii)

Insert:

                          (iiia)  if the warrant relates to a mutual assistance authorisation—the offence or offences against the law of a foreign country to which the authorisation relates; and

61  Subsection 20(2)

Omit “or 21(3)(a) and (b)”, substitute “, 21(3)(a) and (b) or 21(3A)(a) and (b)”.

62  After subsection 21(3)

Insert:

          (3A)  If:

                     (a)  a surveillance device warrant has been sought by or on behalf of a law enforcement officer as authorised under a mutual assistance authorisation; and

                     (b)  the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that the use of a surveillance device is no longer required for the purpose of enabling evidence to be obtained of:

                              (i)  the commission of the offence against a law of a foreign country to which the authorisation relates; or

                             (ii)  the identity or location of the persons suspected of committing the offence;

the chief officer must, in addition to revoking the warrant under section 20, take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued.

63  After paragraph 21(5)(b)

Insert:

                 or (c)  if the warrant was issued in relation to a mutual assistance authorisation—of enabling evidence to be obtained of:

                              (i)  the commission of the offence against a law of a foreign country to which the authorisation relates; or

                             (ii)  the identity or location of the persons suspected of committing the offence;

64  Paragraph 45(4)(f)

Repeal the paragraph, substitute:

                      (f)  the communication of information for the purpose of providing the information to a foreign country, or an appropriate authority of a foreign country, if:

                              (i)  the provision of the information has been authorised under subsection 13A(1) of the Mutual Assistance in Criminal Matters Act 1987 ; or

                             (ii)  the information was obtained under, or relates to, a surveillance device warrant issued in relation to a mutual assistance authorisation.

65  After paragraph 50(1)(a)

Insert:

                    (aa)  the number of mutual assistance applications made by or on behalf of, and the number of warrants issued as a result of such applications to, law enforcement officers of the agency during that year; and

66  After paragraph 50(1)(e)

Insert:

                    (ea)  the number of mutual assistance applications made by or on behalf of law enforcement officers of the agency that were refused during that year, and the reasons for refusal; and

67  After paragraph 50(1)(i)

Insert:

                    (ia)  for each offence (the foreign offence ) against a law of a foreign country in respect of which a warrant was issued as a result of a mutual assistance application made by or on behalf of law enforcement officers of the agency during the year—the offence (if any), under a law of the Commonwealth, or of a State or a Territory, that is of the same nature as, or a substantially similar nature to, the foreign offence; and

68  After subparagraph 53(2)(c)(iii)

Insert:

                          (iiia)  if the warrant was issued in relation to a mutual assistance authorisation—the offence against the law of the foreign country to which the authorisation relates; and

69  Application of amendments made by this Division

The amendments made by this Division apply in relation to a request by a foreign country that is under consideration on or after the commencement of this item, whether the request was made before or after that commencement.



 

Part 4 Carrying out forensic procedures at the request of a foreign country etc.

Crimes Act 1914

70  Simplified outline of Part ID (after the paragraph relating to Division 7)

Insert:

However, certain rules are modified or do not apply if the forensic procedure is carried out in response to a request by a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ) or a request by a foreign law enforcement agency (Division 9A).

71  Subsection 23WA(1)

Insert:

foreign law enforcement agency means:

                     (a)  a police force (however described) of a foreign country; or

                     (b)  any other authority or person responsible for the enforcement of the laws of the foreign country.

72  Subsection 23WA(1)

Insert:

foreign serious offence has the same meaning as in the Mutual Assistance in Criminal Matters Act 1987 .

73  Subsection 23WA(1)

Insert:

forensic evidence means one or more of the following:

                     (a)  evidence of forensic material, or evidence consisting of forensic material, taken from a suspect or a volunteer by a forensic procedure;

                     (b)  evidence of any results of the analysis of the forensic material;

                     (c)  any other evidence obtained as a result of or in connection with the carrying out of the forensic procedure.

74  Subsection 23WA(1) (definition of investigating constable )

Repeal the definition, substitute:

investigating constable means:

                     (a)  in the case of a request by a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ) or a foreign law enforcement agency—the constable in charge of coordinating the response to the request; and

                     (b)  in any other case—the constable in charge of the investigation of the commission of an offence in relation to which a forensic procedure is carried out or proposed to be carried out.

75  Subsection 23WA(1) (at the end of the definition of suspect )

Add:

               ; or (d)  a person in respect of whom a forensic procedure has been requested by a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ) or a foreign law enforcement agency because the foreign country has:

                              (i)  started investigating whether the person has committed an indictable offence; or

                             (ii)  started proceedings against the person for an indictable offence.

76  At the end of section 23WA

Add:

Requests by a foreign country and the police force of a foreign country

             (9)  The provisions of this Part apply in relation to a forensic procedure carried out because of:

                     (a)  a request by a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ); or

                     (b)  a request by a foreign law enforcement agency;

as if a reference to an indictable offence were a reference to a foreign serious offence.

77  Subparagraph 23WF(2)(b)(i)

After “(h), (i)”, insert “, (ib)”.

78  Subsection 23WI(2)

Repeal the subsection, substitute:

             (2)  In determining whether a request is justified in all the circumstances, the constable must:

                     (a)  if the forensic procedure has been requested by a foreign law enforcement agency—balance the public interest in Australia providing and receiving international assistance in criminal matters against the public interest in upholding the physical integrity of the suspect; and

                     (b)  in any other case—balance the public interest in obtaining evidence tending to confirm or disprove that the suspect committed the offence concerned against the public interest in upholding the physical integrity of the suspect.

79  After paragraph 23WJ(1)(ia)

Insert:

                    (ib)  if the suspect is being asked to undergo a forensic procedure because of a request by a foreign law enforcement agency—the following:

                              (i)  the name of the foreign law enforcement agency that has made the request;

                             (ii)  that forensic evidence resulting from the forensic procedure will be provided to the foreign law enforcement agency;

                            (iii)  that the forensic evidence may be used in proceedings against the suspect in the foreign country;

                            (iv)  that the retention of the forensic evidence will be governed by the laws of the foreign country;

                             (v)  that the retention of the forensic evidence will be subject to undertakings given by the foreign law enforcement agency;

                            (vi)  the content of those undertakings;

80  After subsection 23WJ(4)

Insert:

Exception—requests by foreign law enforcement agency

          (4A)  Subsections (3) and (4) do not apply if the suspect is being asked to undergo a forensic procedure because of a request by a foreign law enforcement agency.

81  Subsection 23WJ(5)

After “not in custody”, insert “and is not being asked to undergo a forensic procedure because of a request by a foreign law enforcement agency”.

82  At the end of section 23WJ

Add:

Failure to consent to forensic procedure—procedure requested by foreign law enforcement agency

             (6)  If the suspect is being asked to undergo a forensic procedure because of a request by a foreign law enforcement agency, the constable must inform the suspect (whether or not the suspect is in custody) that, if the suspect does not consent:

                     (a)  the foreign country may request that the forensic procedure be carried out; and

                     (b)  the Attorney-General may authorise, under the Mutual Assistance in Criminal Matters Act 1987 , a constable to apply to a magistrate for an order for the carrying out of the forensic procedure.

Note:          Under the Mutual Assistance in Criminal Matters Act 1987 , the Attorney-General may only authorise a constable who is an authorised applicant.

83  Subsection 23WL(2) (note)

Omit “Note”, substitute “Note 1”.

84  At the end of section 23WL

Add:

Note 2:       If a foreign law enforcement agency requests that a forensic procedure be carried out on a suspect, a copy of the tape recording or the written record may also be provided to the foreign law enforcement agency: see subsection 23YQD(2).

85  After subsection 23WM(2)

Insert:

          (2A)  This Division does not authorise the carrying out of a forensic procedure on a suspect if the procedure has been requested by:

                     (a)  a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ); or

                     (b)  a foreign law enforcement agency.

86  Section 23WR

Before “A”, insert “(1)”.

87  At the end of section 23WR

Add:

               ; or (d)  the forensic procedure has been requested by a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ).

             (2)  However, a magistrate is not authorised to order the carrying out of a forensic procedure on a suspect if the procedure has been requested by a foreign law enforcement agency.

88  Paragraph 23WS(a)

Omit “section 23WR”, substitute “subsection 23WR(1)”.

89  After paragraph 23WT(1)(c)

Insert:

                    (ca)  if the forensic procedure has been requested by a foreign country—the constable has been authorised by the Attorney-General under the Mutual Assistance in Criminal Matters Act 1987 to make the application for an order under this Part; and

90  Subsection 23WT(2)

Repeal the subsection, substitute:

             (2)  In determining whether the carrying out of the forensic procedure is justified in all the circumstances, the magistrate must:

                     (a)  if the forensic procedure has been requested by a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 )—balance the public interest in Australia providing and receiving international assistance in criminal matters against the public interest in upholding the physical integrity of the suspect; and

                     (b)  in any other case—balance the public interest in obtaining evidence tending to confirm or disprove that the suspect committed the offence concerned against the public interest in upholding the physical integrity of the suspect.

91  Paragraph 23WU(2)(b)

After “(c)”, insert “, (ca)”.

92  Paragraph 23XA(1)(a)

Omit “section 23WR”, substitute “subsection 23WR(1)”.

93  After paragraph 23XWR(2)(d)

Insert:

                   (da)  if the volunteer undergoes a forensic procedure because of a request by a foreign law enforcement agency—the following:

                              (i)  the name of the foreign law enforcement agency that has made the request;

                             (ii)  that forensic evidence resulting from the forensic procedure will be provided to the foreign law enforcement agency;

                            (iii)  that the forensic evidence may be used in proceedings in the foreign country;

                            (iv)  that the retention of the forensic evidence will be governed by the laws of the foreign country;

                             (v)  that the retention of the forensic evidence will be subject to undertakings given by the foreign law enforcement agency;

                            (vi)  the content of those undertakings;

94  At the end of section 23XWS

Add:

Note 1:       Division 9 contains provisions about making copies of material (including copies of tapes) available to volunteers.

Note 2:       If a foreign law enforcement agency requests that a forensic procedure be carried out on a volunteer, a copy of the tape recording or the written record may also be provided to the foreign law enforcement agency: see subsection 23YQD(2).

95  At the end of subsection 23XWU(1)

Add:

               ; or (d)  in the case of a forensic procedure that has been requested by a foreign country—a constable has been authorised by the Attorney-General under the Mutual Assistance in Criminal Matters Act 1987 to make the application for an order under this Part.

96  After subsection 23XWU(1)

Insert:

          (1A)  However, a magistrate is not authorised to order the carrying out of a forensic procedure on a child or incapable person if the procedure has been requested by a foreign law enforcement agency.

97  Subsection 23XWV(2)

Omit “A magistrate”, substitute “Subject to subsection (2A), a magistrate”.

98  After subsection 23XWV(2)

Insert:

          (2A)  Despite subsection (2), a magistrate may not make an order if:

                     (a)  the volunteer was asked to undergo a forensic procedure because of a request by a foreign law enforcement agency; and

                     (b)  the forensic evidence has already been provided to the foreign law enforcement agency.

99  At the end of Division 7 of Part ID

Add:

Subdivision C Application

23YBA   Division does not apply to a proceeding in a foreign country

                   To avoid doubt, this Division does not apply in relation to a proceeding in a foreign country in which forensic evidence is provided in response to a request by:

                     (a)  a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ); or

                     (b)  a foreign law enforcement agency.

100  Before section 23YC

Insert:

23YBB   Application

                   This Division does not apply to forensic evidence provided in response to a request by:

                     (a)  a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ); or

                     (b)  a foreign law enforcement agency.

101  At the end of subsection 23YF(1)

Add:

Note 1:       If a forensic procedure is carried out as a result of a request by a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ), a copy of anything made may also be provided to the foreign country: see subsections 23YQB(2) and (3).

Note 2:       If a forensic procedure is carried out as a result of a request by a foreign law enforcement agency, a copy of anything made may also be provided to the foreign law enforcement agency: see subsections 23YQD(3) and (4).

102  After section 23YK

Insert:

23YKA   Application of sections 23YI to 23YK

                   To avoid doubt, sections 23YI to 23YK do not apply in relation to a proceeding in a foreign country in which forensic evidence is provided in response to a request by:

                     (a)  a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ); or

                     (b)  a foreign law enforcement agency.

103  After Division 9 of Part ID

Insert:

Division 9A Carrying out forensic procedures at the request of a foreign jurisdiction

Subdivision A Requests by foreign countries

23YQA   Application of Subdivision

                   This Subdivision applies if:

                     (a)  a request is made by a foreign country that a forensic procedure be carried out on a person; and

                     (b)  the Attorney-General authorises, under the Mutual Assistance in Criminal Matters Act 1987 , a constable to apply to a magistrate for the carrying out of the forensic procedure on the person.

Note:          Under the Mutual Assistance in Criminal Matters Act 1987 , the Attorney-General may only authorise a constable who is an authorised applicant.

23YQB   Providing forensic evidence resulting from a forensic procedure

             (1)  If a forensic procedure is carried out on a person, the forensic evidence resulting from the procedure is to be provided to the foreign country concerned in accordance with a direction given by the Attorney-General under section 28C of the Mutual Assistance in Criminal Matters Act 1987 .

             (2)  If an audio recording, a copy of it, or a copy of a transcript of a tape recording is made available to a person (as required by subsection 23YF(1)), a copy of the audio recording or the transcript, or both, as the case may be, may also be provided to the foreign country concerned, but only in accordance with a direction given by the Attorney-General under section 28C of the Mutual Assistance in Criminal Matters Act 1987 .

             (3)  If:

                     (a)  a video recording or a copy of it is made available to a person (as required by subsection 23YF(1)); or

                     (b)  both an audio recording and a video recording are made and the person is given an opportunity to view the video recording (as required by subsection 23YF(1));

a copy of the video recording may also be provided to the foreign country concerned, but only in accordance with a direction given by the Attorney-General under section 28C of the Mutual Assistance in Criminal Matters Act 1987 .

Subdivision B Requests by a foreign law enforcement agency

23YQC   Application of Subdivision

                   This Subdivision applies if a request is made by a foreign law enforcement agency that a forensic procedure be carried out on:

                     (a)  a suspect in relation to a foreign serious offence who has given informed consent to the forensic procedure; or

                     (b)  a volunteer.

23YQD   Providing forensic material etc. to a foreign law enforcement agency

             (1)  The Commissioner may provide forensic evidence to a foreign law enforcement agency if the Commissioner is satisfied that:

                     (a)  the foreign law enforcement agency has given appropriate undertakings in relation to the retention, use and destruction of the forensic evidence; and

                     (b)  it is appropriate, in all the circumstances of the case, to do so.

             (2)  If forensic evidence is to be provided to the foreign law enforcement agency, a copy of the tape recording or the written record mentioned in section 23WL (suspects) or 23XWS (volunteers) may also be provided to the foreign law enforcement agency.

             (3)  If an audio recording, a copy of it, or a copy of a transcript of a tape recording is made available to a suspect or volunteer (as required by subsection 23YF(1)), a copy of the audio recording or the transcript, or both, as the case may be, may also be provided to the foreign law enforcement agency.

             (4)  If:

                     (a)  a video recording or a copy of it is made available to a suspect or volunteer (as required by subsection 23YF(1)); or

                     (b)  both an audio recording and a video recording are made and the suspect or volunteer is given an opportunity to view the video recording (as required by subsection 23YF(1));

a copy of the video recording may also be provided to the foreign law enforcement agency.

104  Section 23YQA

Renumber as section 23YQE.

105  After subsection 23YUB(1)

Insert:

          (1A)  The orders mentioned in subsection (1) do not include an order for the carrying out of a forensic procedure on a person that is made under this Part in response to a request by a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987 ).

Mutual Assistance in Criminal Matters Act 1987

106  Subsection 3(1)

Insert:

child has the same meaning as in Part ID of the Crimes Act 1914 .

107  Subsection 3(1)

Insert:

forensic evidence has the same meaning as in Part ID of the Crimes Act 1914 .

108  Subsection 3(1)

Insert:

forensic material has the same meaning as in Part ID of the Crimes Act 1914 .

109  Subsection 3(1)

Insert:

forensic procedure has the same meaning as in Part ID of the Crimes Act 1914 .

110  Subsection 3(1)

Insert:

incapable person has the same meaning as in Part ID of the Crimes Act 1914 .

111  Subsection 3(1)

Insert:

parent has the same meaning as in the Crimes Act 1914 .

112  After Part IV

Insert:

Part IVA Forensic procedures

Division 1 Requests by Australia

28A   Requests by Australia for forensic procedures

             (1)  If:

                     (a)  a proceeding relating to a criminal matter has commenced in Australia; and

                     (b)  there are reasonable grounds to believe that a person in a foreign country is capable of giving assistance that may result in evidence relevant to the proceeding;

Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in connection with the proceeding.

             (2)  If:

                     (a)  an investigation relating to a criminal matter has commenced in Australia; and

                     (b)  a person in a foreign country is capable of giving assistance in relation to the investigation;

Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in relation to the investigation.

             (3)  To avoid doubt, Australia may request that a forensic procedure be carried out in the foreign country even if, under Australian law, the forensic procedure could not have been carried out by using processes similar to those used in the foreign country.

             (4)  Subsection (5) applies if:

                     (a)  Australia makes a request under this section; and

                     (b)  the foreign country obtains any thing relevant to the proceeding or investigation by means of a process authorised by the law of that country other than the carrying out (as requested by Australia) of a forensic procedure on a particular person.

             (5)  The thing obtained by the foreign country:

                     (a)  is not inadmissible in evidence in the proceeding; or

                     (b)  is not precluded from being used for the purposes of the investigation;

on the ground alone that it was obtained otherwise than in accordance with the request.

Division 2 Requests by foreign countries

28B   Requests by foreign countries for forensic procedures

             (1)  If a foreign country requests that a forensic procedure be carried out on a person, the Attorney-General may authorise a constable to apply, in accordance with Part ID of the Crimes Act 1914 , to a magistrate for an order for the carrying out of the forensic procedure on the person, so long as, if the person is a suspect within the meaning of subsection 23WA(1) of that Act, the constable is an authorised applicant within the meaning of that subsection.

             (2)  The Attorney-General must not authorise a constable under subsection (1) unless the Attorney-General is satisfied of the following matters:

                     (a)  a request has been made by a foreign country that a forensic procedure be carried out on a person;

                     (b)  unless the person is a child or an incapable person—the foreign country has:

                              (i)  started investigating whether the person has committed a foreign serious offence against its laws; or

                             (ii)  started proceedings against the person for a foreign serious offence;

                     (c)  the person is, or is believed to be, in Australia;

                     (d)  the foreign country has given:

                              (i)  appropriate undertakings in relation to the retention, use and destruction of forensic material, or of information obtained from analysis of that forensic material; and

                             (ii)  any other undertakings that the Attorney-General considers necessary;

                     (e)  unless the person is a child or an incapable person—the person has been given an opportunity to consent to the forensic procedure and has not consented to it;

                      (f)  if the person is a child or an incapable person, the matters specified in subsection (3).

             (3)  If the person is a child or an incapable person, the Attorney-General must:

                     (a)  be satisfied that either of the following applies:

                              (i)  the consent of the parent or guardian cannot reasonably be obtained or has been withdrawn;

                             (ii)  the parent or guardian is a suspect in relation to the foreign serious offence; and

                     (b)  believe that, having regard to the best interests of the child or incapable person, it is appropriate to make the authorisation.

28C   Providing forensic evidence to foreign countries

             (1)  If:

                     (a)  a foreign country requests that a forensic procedure be carried out on a person; and

                     (b)  the Attorney-General authorises a constable to make an application of the kind mentioned in subsection 28B(1); and

                     (c)  a forensic procedure is carried out on the person;

the Attorney-General may direct the constable as to how the forensic evidence is to be provided to the foreign country.

             (2)  A direction by the Attorney-General under subsection (1) is not a legislative instrument.

113  Application of amendments made by this Part

The amendments made by this Part apply in relation to a request by a foreign country that is under consideration on or after the day on which this Part commences, whether the request was made before, on or after that day.



 

Part 5 Proceeds of crime

Mutual Assistance in Criminal Matters Act 1987

114  Subsection 3(1)

Insert:

cartel offence means an offence by a corporation involving cartel conduct.

115  Subsection 34(1)

Omit “in a specified court”.

116  Subsection 34(2)

Omit “that is specified in regulations made for the purposes of this subsection”.

117  Subsection 34(2)

Omit “in a specified court”.

118  Paragraphs 34(3)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  made in respect of a foreign serious offence for which a person has been convicted or charged; or

                     (b)  made in respect of the alleged commission of a foreign serious offence (whether or not the identity of the person who committed the offence is known);

119  Subsection 34(3)

Omit “in a specified court”.

120  Subsection 34(4)

Repeal the subsection.

121  Before subsection 34A(1)

Insert:

          (1A)  An application to a court for registration of a foreign order in accordance with an authorisation under this Subdivision must be to a court with proceeds jurisdiction.

122  Subsection 34A(1)

After “a court”, insert “with proceeds jurisdiction”.

123  Subsection 34F(1)

Repeal the subsection, substitute:

             (1)  If a copy of a sealed or authenticated copy of:

                     (a)  a foreign order; or

                     (b)  an amendment of a foreign order;

is sent by fax, email or other electronic means, the copy is to be regarded, for the purposes of this Act, as the same as the sealed or authenticated copy.

Note:       The heading to section 34F is replaced by the heading “ Copies of foreign orders sent by fax, email or other electronic means ”.

124  Subsection 34F(2)

Omit “faxed”.

125  Subsection 34F(2)

Omit “21”, substitute “45”.

126  Subsection 34J(1)

Omit “(1)”.

127  Subparagraph 34J(1)(a)(ii)

Repeal the subparagraph, substitute:

                             (ii)  foreign confiscation proceedings have commenced, or there are reasonable grounds to suspect that such proceedings are about to commence, in a foreign country; and

128  Subsection 34J(1)

Omit “to a specified court”.

129  Subsection 34J(2)

Repeal the subsection.

130  Paragraph 34K(3)(b)

Repeal the paragraph.

131  Paragraph 34K(3)(c)

Omit “subparagraph 34J(1)(a)(i)”, substitute “subparagraph 34J(a)(i)”.

132  Paragraph 34K(3)(d)

Omit “subparagraph 34J(1)(a)(ii)”, substitute “subparagraph 34J(a)(ii)”.

133  Subparagraph 34K(3)(d)(i)

Omit “such proceedings”, substitute “foreign confiscation proceedings”.

134  Section 34N

Repeal the section.

135  Saving of existing authorisations

Despite the repeal of section 34N of the Mutual Assistance in Criminal Matters Act 1987 made by item 134 of this Schedule, authorisations given by the Attorney-General under that section that were in force immediately before the commencement of this item continue in force on and after that commencement as if that repeal had not happened.

136  Subsection 34P(1)

Repeal the subsection, substitute:

             (1)  If an authorised officer has been authorised under section 34ZG of this Act in relation to a request by a foreign country, the authorised officer may apply for a production order under the Proceeds of Crime Act in relation to the foreign serious offence that is the subject of the request.

137  Paragraph 34P(3)(b)

Repeal the paragraph.

138  Subsection 34Q(2)

Omit “the obtaining of the production order”, substitute “assistance in respect of the foreign serious offence”.

139  Subsection 34R(1)

Omit “The Attorney-General or a senior Departmental officer”, substitute “An officer mentioned in paragraph 213(3)(a), (b) or (c) of the Proceeds of Crime Act”.

140  Transitional provision—notices

(1)       This item applies to a written notice given by the Attorney-General or a senior Departmental officer under subsection 34R(1) of the Mutual Assistance in Criminal Matters Act 1987 that was in force immediately before the commencement of this item.

(2)       The Mutual Assistance in Criminal Matters Act 1987 as amended by item 139 of this Schedule has effect, after the commencement of this item, as if the written notice had been given under subsection 34R(1) of the Mutual Assistance in Criminal Matters Act 1987 as amended by item 139 of this Schedule.

141  Subsection 34R(2)

Omit “Attorney-General or the senior Departmental”.

142  Subsection 34R(3)

Repeal the subsection.

143  Section 34X

Repeal the section.

144  Saving of existing authorisations

Despite the repeal of section 34X of the Mutual Assistance in Criminal Matters Act 1987 by item 143 of this Schedule, authorisations given by the Attorney-General under that section that were in force immediately before the commencement of this item continue in force on and after that commencement as if that repeal had not happened.

145  Subsection 34Y(1)

Repeal the subsection, substitute:

             (1)  If an authorised officer has been authorised under section 34ZG of this Act in relation to a request by a foreign country, the authorised officer may apply for a monitoring order under the Proceeds of Crime Act in relation to the foreign serious offence that is the subject of the request, so long as the foreign serious offence is:

                     (a)  an offence punishable by imprisonment for 3 or more years that:

                              (i)  involves unlawful conduct relating to a narcotic substance; or

                             (ii)  is a money laundering offence; or

                            (iii)  involves unlawful conduct by a person that causes, or is intended to cause, a benefit to the value of at least $10,000 for that person or another person; or

                            (iv)  involves unlawful conduct by a person that causes, or is intended to cause, a loss to the foreign country in question or another person of at least $10,000; or

                     (b)  an offence involving the smuggling of migrants; or

                     (c)  an offence involving failure to report financial transactions; or

                     (d)  a cartel offence; or

                     (e)  an offence involving terrorism; or

                      (f)  an ancillary offence in respect of an offence referred to in paragraph (a), (b), (c), (d) or (e).

146  Paragraph 34Y(3)(a)

Omit “paragraph 34X(1)(a)”, substitute “paragraph (1)(a), (b), (c), (d), (e) or (f)”.

147  Section 34ZA

Repeal the section.

148  Saving of existing authorisations

Despite the repeal of section 34ZA of the Mutual Assistance in Criminal Matters Act 1987 by item 147 of this Schedule, authorisations given by the Attorney-General under that section that were in force immediately before the commencement of this item continue in force on and after that commencement as if that repeal had not happened.

149  Subsection 34ZB(1)

Repeal the subsection, substitute:

             (1)  If an authorised officer has been authorised under section 34ZG of this Act in relation to a request by a foreign country, the authorised officer may apply for a search warrant under the Proceeds of Crime Act in relation to the foreign serious offence that is the subject of the request.

150  Paragraph 34ZB(3)(b)

Repeal the paragraph.

151  At the end of Division 2 of Part VI

Add:

Subdivision G Authorisation of authorised officers

34ZG   Attorney-General may authorise authorised officers

                   If:

                     (a)  a proceeding or investigation relating to a criminal matter involving a foreign serious offence has commenced in a foreign country; and

                     (b)  the foreign country requests assistance in relation to the proceeding or investigation; and

                     (c)  such assistance may be obtained under the Proceeds of Crime Act in the form of a production order, search warrant or monitoring order;

then, the Attorney-General may authorise an authorised officer of an enforcement agency to make any applications under that Act that are necessary to respond to the request by the foreign country.

152  Application of amendments made by items 114 to 151

(1)       The amendments made by items 115 to 133 (other than item 125) and items 139 to 142 of this Schedule apply in relation to a request by a foreign country that is under consideration on or after the commencement of this item, whether the request was made before, on or after that commencement.

(2)       The amendment made by item 125 of this Schedule applies in relation to the registration of an order that has effect under Subdivision A of Division 2 of Part VI of the Mutual Assistance in Criminal Matters Act 1987 on or after the commencement of this item.

(3)       The amendments made by items 114 and 134 to 151 (other than items 139 to 142) of this Schedule apply in respect of an authorisation given on or after the commencement of this item.



 

Part 6 Other amendments

Mutual Assistance in Criminal Matters Act 1987

153  Subsection 3(1) (definition of serious offence )

Repeal the definition, substitute:

serious offence means an offence the maximum penalty for which is:

                     (a)  death; or

                     (b)  imprisonment for a period exceeding 12 months; or

                     (c)  a fine exceeding 300 penalty units.

Note 1:       See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Note 2:       Paragraph (c)—see also subsection (1A) of this section.

154  After subsection 3(1)

Insert:

          (1A)  In determining, for the purpose of a request by a foreign country, the Australian dollar equivalent of a fine (whether expressed as an amount or by way of penalty units) or pecuniary penalty (however described) that may be imposed on a person for an offence to which the request relates, the fine or penalty is to be translated to Australian currency:

                     (a)  in relation to a country for which the Australian Tax Office publishes exchange rates—at the daily exchange rate listed on the Australian Tax Office website that applies on the day on which the request is received; and

                     (b)  in relation to any other country—at the exchange rate that applies at the time when the request is received.

155  Paragraphs 5(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  to regulate the provision by Australia of international assistance in criminal matters when a request is made by a foreign country in respect of which powers may be exercised under this Act (whether or not in conjunction with other Australian laws); and

156  Subsection 15(1)

Omit “(1)”.

157  Subsection 15(1)

Omit all the words after “Magistrate”, substitute “for one or more search warrants in respect of the evidential material”.

158  Paragraph 16(1)(b)

Omit “the Attorney-General is of the opinion that”.

159  Paragraph 16(2)(b)

Omit “the Attorney-General is of the opinion that”.

160  Paragraph 35B(c)

Omit “by the oath of”, substitute “on oath or affirmation by”.

161  Subsection 38B(1)

Omit “subsection 15(1)”, substitute “section 15”.

162  Subsections 38B(2) and (3)

After “oath”, insert “or affirmation”.

163  Subsection 39A(1)

Omit “( original proceeding )”.

164  Paragraphs 39A(2)(a) and (3)(c)

Omit “original”.

165  Subsection 43(2)

Repeal the subsection, substitute:

             (2)  A document is duly authenticated for the purposes of subsection (1) if it purports to be signed or certified by a Judge, Magistrate or officer in or of a foreign country.

166  Paragraph 44(c)

Omit “oath, the administering of oaths”, substitute “oath or affirmation, the administering of oaths or affirmations”.

167  Paragraph 44(d)

Omit “a fine of $1,000”, substitute “10 penalty units”.

168  Application of amendments made by items 157 and 165

(1)       The amendment made by item 157 of this Schedule applies in relation to an authorisation given to a police officer by the Attorney-General under section 15 of the Mutual Assistance in Criminal Matters Act 1987 on or after the commencement of this item.

(2)       The amendment made by item 165 of this Schedule applies in relation to a proceeding of a kind mentioned in subsection 43(1) of the Mutual Assistance in Criminal Matters Act 1987 that begins on or after commencement of this item.