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Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011

Schedule 4 Contingent technical amendments

   

Migration Act 1958

1  Subsection 5(1) (paragraph (b) of the definition of non-political crime )

Omit “paragraph (a), (b), (c) or (d)”, substitute “paragraph (a), (b) or (c)”.

Mutual Assistance in Criminal Matters Act 1987

2  Before Part IV

Insert:

Part IIIBA Assistance in relation to use of surveillance devices

   

15C   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.

15CA   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.

investigative proceeding means a proceeding covered by paragraph (a) or (b) of the definition of proceeding .

3  Subsection 15CA(2) (definition of investigative proceeding )

Repeal the definition.

Surveillance Devices Act 2004

4  Subsection 6(1)

Insert:

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