MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - TABLE OF PROVISIONS

                              TABLE OF PROVISIONS
                              PART I - PRELIMINARY
Section
  1.    Short title
  2.    Commencement
  3.    Interpretation
  4.    Act to extend to external Territories
  5.    Object of Act
  6.    Act not to limit other provision of assistance
  7.    Application of Act
  8.    Refusal of assistance
  9.    Assistance may be provided subject to conditions
  10.   Requests by Australia
  11.   Request by foreign country
           PART II - ASSISTANCE IN RELATION TO TAKING OF EVIDENCE AND
                        PRODUCTION OF DOCUMENTS OR OTHER ARTICLES
  12.   Requests by Austalia
  13.   Requests by foreign countries
            PART III - ASSISTANCE IN RELATION TO SEARCH AND SEIZURE
  14.   Requests by Australia for search and seizure
  15.   Requests by foreign countries for search and seizure
             PART IV - ARRANGEMENTS FOR PERSONS TO GIVE EVIDENCE OR
                             ASSIST INVESTIGATIONS
                       Division 1 - Requests by Australia
  16.   Requests for removal of certain persons to Australia
  17.   Arrangements between Attorney-General and State Ministers in relation
to 
        custody of certain persons
  18.   Custody of certain persons
  19.   Immunities
  20.   Status of person prosecuted for offence committed after departure
from
        foreign country
  21.   Limitation on use of evidence given by certain persons
  22.   Conditions of imprisonment
  23.   Release of certain persons upon request by foreign country
  24.   Escaping
  25.   Arrest of person who has escaped from custody
                   Division 2 - Requests by foreign countries
  26.   Requests for giving of evidence at hearings in foreign countries
  27.   Requests for assistance in relation to investigations in foreign
        countries
  28.   Effect of removal to foreign country on prisoner's term of
imprisonment
                     PART V - CUSTODY OF PERSONS IN TRANSIT
  29.   Transit
  30.   Escaping
  31.   Arrest of person in transit
                          PART VI - PROCEEDS OF CRIME
                       Division 1 - Requests by Australia
  32.   Requests for enforcement of orders
  33.   Requests for issue of orders in foreign countries
                   Division 2 - Requests by foreign countries
  34.   Requests for enforcement of orders
  35.   Requests for search and seizure warrants in respect of tainted
property
  36.   Requests for restraining orders
  37.   Requests for information gathering orders
                        PART VII - SERVICE OF DOCUMENTS
  38.   Service of documents
                           PART VIII - MISCELLANEOUS
  39.   Arrangements with States
  40.   Delegation
  41.   Jurisdiction of courts
  42.   Evidence
  43.   Authentication of documents
  44.   Regulations

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - LONG TITLE

           An Act relating to the provision and obtaining of
             international assistance in criminal matters

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - PART I
                              PART I - PRELIMINARY


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 1
Short title

                                                  (Assented to 5 June 1987)
  1. This Act may be cited as the Mutual Assistance in Criminal Matters Act
1987.
(Minister's second reading speech made in - House of Representatives on 30
April 1987 Senate on 29 May 1987)

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 2
Commencement

  2. (1) Section 1 and this section shall come into operation on the day on
which this Act receives the Royal Assent.
  (2) The remaining provisions of this Act shall come into operation on a day
or days fixed by Proclamation.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 3
Interpretation

  3. (1) In this Act, unless the contrary intention appears:
  "ancillary offence" has the same meaning as in section 7 of the Proceeds of
Crime Act;
  "approved form" means a form approved by the Attorney-General in writing for
the purposes of the provision in which the expression occurs;
  "Australia", when used in a geographical sense, includes the external
Territories;
  "Australian forfeiture order" means:
    (a) a forfeiture order within the meaning of the Proceeds of
Crime Act;
    (b) an interstate forfeiture order within the meaning of the
Proceeds of Crime Act; or
    (c) an order, made under Australian law, that:
      (i) orders the forfeiture of property in respect of an
offence against Australian law; and
      (ii) is, in accordance with the regulations, to be taken to be an
Australian forfeiture order for the purposes of this Act;
  "Australian law" means the laws of the Commonwealth, the States and the
Territories;
  "Australian pecuniary penalty order" means:
    (a) a pecuniary penalty order within the meaning of the Proceeds of
Crime Act;
    (b) an interstate pecuniary penalty order within the meaning of
the Proceeds of Crime Act; or
    (c) an order, made under Australian law, that:
      (i) imposes a pecuniary penalty on a person in respect of an
offence against Australian law; and
      (ii) is, in accordance with the regulations, to be taken to be an
Australian pecuniary penalty order for the purposes of this Act;
  "Australian restraining order" means:
    (a) a restraining order within the meaning of the Proceeds of Crime
Act (other than a restraining order made by virtue of section 59 of that
Act);
    (b) an interstate restraining order within the meaning of the
Proceeds of Crime Act; or
    (c) an order, made under Australian law, that:
      (i) restrains a particular person, or all persons, from dealing
with property; and
      (ii) is, in accordance with the regulations, to be taken to be an
Australian restraining order for the purposes of this Act;
  "committal proceeding", in relation to a foreign offence, includes:
    (a) any proceeding to determine whether a person should be tried
for the offence (whether or not a particular person is specified at the
commencement of that proceeding as the person in relation to whom the
determination is to be made); and
    (b) a proceeding that is, in accordance with the regulations, to be
taken to be a committal proceeding for the purposes of this Act;
  "criminal investigation" means an investigation into an offence (whether the
offence is believed to have been committed, to be being committed or to be
likely to be committed);
  "criminal matter" includes:
    (a) a criminal matter relating to revenue (including taxation and
customs duties);
    (b) a criminal matter relating to foreign exchange control;
    (c) a matter relating to the forfeiture or confiscation of property
in respect of an offence;
    (d) a matter relating to the imposition or recovery of a pecuniary
penalty in repect of an offence; and
    (e) a matter relating to the restraining of dealings in property,
or the freezing of assets, that may be forfeited or confiscated, or that may
be needed to satisfy a pecuniary penalty imposed, in respect of an offence;
whether arising under Australian law or a law of a foreign country;
  "criminal proceeding", in relation to an offence, means a trial of a person
for the offence or a committal proceeding in respect of the offence;
  "DPP" means the Director of Public Prosecutions;
  "facsimile copy" means a copy obtained by facsimile transmission;
  "federal prisoner" means a person who is being held in custody pending trial
for or sentence for, or is under a sentence of imprisonment for, an offence
against a law of the Commonwealth or of a Territory, but does not include a
person who is at large after having escaped from lawful custody;
  "financial institution" has the same meaning as in the Proceeds of Crime
Act;

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  "foreign forfeiture order" means an order, made under the law of a foreign
country, for the forfeiture of property in respect of an offence against the
law of that country;
  "foreign pecuniary penalty order" means an order, made under the law of a
foreign country, imposing a pecuniary penalty in respect of an offence against
the law of that country, but does not include an order for the payment of a
sum of money by way of compensation, restitution or damages to an injured
person;
  "foreign prisoner" means a person who is being held in custody pending trial
for or sentence for, or is under a sentence of imprisonment for, an offence
against a law of a foreign country, but does not include a person who is at
large after having escaped from lawful custody;
  "foreign restraining order" means an order, made under the law of a foreign
country, restraining a particular person, or all persons, from dealing with
property, being an order made in respect of an offence against the law of that
country;
  "foreign offence" means an offence against a law of a foreign country;
  "foreign serious offence" means a serious offence against a law of a foreign
country;
  "Governor", in relation to the Northern Territory, means the Administrator
of the Northern Territory;
  "Magistrate" means:
    (a) a Magistrate of a Territory; or
    (b) a Magistrate of a State in respect of whom an arrangement
under section 39 is in force;
  "money laundering offence", in relation to the proceeds of a serious
narcotics offence, means an offence involving:
    (a) the engaging, directly or indirectly, in a transaction that
involves money, or other property, that is, within the meaning of the Proceeds
of Crime Act, proceeds of the serious narcotics offence; or
    (b) the receiving, possessing, concealing, disposing of or bringing
into a country of money, or other property, that is, within the meaning of the
Proceeds of Crime Act, proceeds of the serious narcotics offence;
  "mutual assistance treaty" means a treaty relating in whole or in part to
the provision of assistance in criminal matters;
  "offence" includes an offence against a law relating to taxation, customs
duties or other revenue matters or relating to foreign exchange control;
  "offence under the ordinary criminal law of Australia" means an offence
against Australian law other than an offence under the military law of
Australia;
  "police officer" means a member or special member of the Australian Federal
Police or a member of the police force of a State or Territory;
  "premises" includes:
    (a) a structure, building, aircraft, vehicle or vessel;
    (b) a place (whether enclosed or built upon or not); and
    (c) a part of premises (including premises of a kind referred to
in paragraph (a) or (b));
  "prison" includes a gaol, lock-up or other place of detention;
  "proceeds" has the same meaning as in the Proceeds of Crime Act;
  "Proceeds of Crime Act" means the Proceeds of Crime Act 1987;
  "property" has the same meaning as in the Proceeds of Crime Act;
  "property-tracking document" has the same meaning as in the Proceeds of
Crime Act;
  "serious narcotics offence" has the same meaning as in section 7 of the
Proceeds of Crime Act;
  "serious offence" means an offence the maximum penalty for which is death,
or imprisonment for not less than 12 months;
  "State" includes the Northern Territory;
  "State Minister", in relation to a State or the Northern Territory, means a
Minister of the Crown of the State or a Minister of the Northern Territory, as
the case may be;
  "State prisoner" means a person who is being held in custody pending trial
for a sentence for, or under a sentence of imprisonment for, an offence
against a law of a State, but does not include a person who is at large after
having escaped from lawful custody;
  "tainted property" has the same meaning as in the Proceeds of Crime Act;
  "Territory" does not include the Northern Territory;
  "treaty" includes a convention, protocol, agreement or arrangement;
  "trial", in relation to a foreign offence, includes any proceeding to
determine whether a person should be convicted of the offence.
  (2) For the purposes of this Act:
  (a) a colony, territory or protectorate of a foreign country;
  (b) a territory for the international relations of which a foreign country
is responsible; and
  (c) a ship or aircraft of, or registered in, a foreign country;
shall, unless the contrary intention appears, be deemed to be part of that
foreign country.
  (3) Subsection (2) does not apply to a colony, territory or protectorate
that is itself a foreign country to which this Act applies.
  (4) A reference in this Act to a law of a foreign country includes a

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reference to a law of a part of, or a law in force in a part of, the foreign
country.
  (5) A reference in this Act to an Australian criminal offence is a reference
to an offence against a law of the Commonwealth or of a Territory.
  (6) Without prejudice to its effect by virtue of subsection (5), this Act
has effect as if a reference in this Act to an Australian criminal offence
included a reference to an offence against a law of a State.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 4
Act to extend to external Territories

  4. This Act extends to every external Territory.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 5
Object of Act

  5. The object of this Act is to facilitate the provision and obtaining by
Australia of international assistance in criminal matters, including:
  (a) the obtaining of evidence, documents or other articles;
  (b) the provision of documents and other records;
  (c) the location and identification of witnesses or suspects;
  (d) the execution of requests for search and seizure;
  (e) the making of arrangements for persons to give evidence or assist
investigations;
  (f) the forfeiture or confiscation of property in respect of offences;
  (g) the recovery of pecuniary penalties in respect of offences;
  (h) the restraining of dealings in property, or the freezing of assets, that
may be forfeited or confiscated, or that may be needed to satisfy pecuniary
penalties imposed, in respect of offences;
  (j) the location of property that may be forfeited, or that may be needed to
satisfy pecuniary penalties imposed, in respect of offences; and
  (k) the service of documents.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 6
Act not to limit other provision of assistance

  6. Nothing in this Act prevents the provision or obtaining of international
assistance in criminal matters otherwise than as mentioned in this Act or
otherwise than pursuant to a treaty or other arrangement between Australia and
a foreign country.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 7
Application of Act

  7. (1) The regulations may provide that this Act applies to a foreign
country specified in the regulations.
  (2) The regulations may:
  (a) state that this Act applies in relation to a specified foreign country
subject to such limitations, conditions, exceptions or qualifications as are
necessary to give effect to a bilateral mutual assistance treaty between
Australia and that country, being a treaty a copy of which is set out in the
regulations; or
  (b) make provision instead to the effect that this Act applies in relation
to a specified foreign country subject to other limitations, conditions,
exceptions or qualifications.
  (3) Where the regulations state, or make provision to the effect, that this
Act applies as mentioned in subsection (2), this Act applies accordingly.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 8
Refusal of assistance

  8. (1) A request by a foreign country for assistance under this Act shall be
refused if, in the opinion of the Attorney-General:
  (a) the request relates to the prosecution or punishment of a person for an
offence that is, or is by reason of the circumstances in which it is alleged
to have been committed or was committed, an offence of a political character;
  (b) there are substantial grounds for believing that the request has been
made with a view to prosecuting or punishing a person for an offence of a
political character;
  (c) there are substantial grounds for believing that the request was made
for the purpose of prosecuting, punishing or otherwise causing prejudice to a
person on account of the person's race, sex, religion, nationality or
political opinions;
  (d) the request relates to the prosecution or punishment of a person in
respect of an act or omission that if it had occurred in Australia, would have
constituted an offence under the military law of Australia but not also under
the ordinary criminal law of Australia;
  (e) the granting of the request would prejudice the sovereignty, security or
national interest of Australia or the essential interests of a State or
Territory;
  (f) the request relates to the prosecution of a person for an offence in a
case where the person has been acquitted or pardoned by a competent tribunal
or authority in the foreign country, or has undergone the punishment provided
by the law of that country, in respect of that offence or of another offence
constituted by the same act or omission as that offence; or
  (g) except in the case of a request under section 13 - the foreign country
is not a country to which this Act applies.
  (2) A request by a foreign country for assistance under this Act may be
refused if, in the opinion of the Attorney-General:
  (a) the request relates to the prosecution or punishment of a person in

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respect of an act or omission that, if it had occurred in Australia, would not
have constituted an offence against Australia law;
  (b) the request relates to the prosecution or punishment of a person in
respect of an act or omission that occurred, or is alleged to have occurred,
outside the foreign country and a similar act or omission occurring outside
Australia in similar circumstances would not have constituted an offence
against Australian law;
  (c) the request relates to the prosecution or punishment of a person in
respect of an act or omission where, if it had occurred in Australia at the
same time and had constituted an offence against Australian law, the person
responsible could no longer be prosecuted by reason of lapse of time or any
other reason;
  (d) the provision of the assistance could prejudice an investigation or
proceeding in relation to a criminal matter in Australia;
  (e) the provision of the assistance would, or would be likely to, prejudice
the safety of any person (whether in or outside Australia); or
  (f) the provision of the assistance would impose an excessive burden on the
resources of the Commonwealth or of a State or Territory.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 9
Assistance may be provided subject to conditions

  9. Assistance under this Act may be provided to a foreign country subject to
such conditions as the Attorney-General determines.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 10
Requests by Australia

  10. Requests by Australia for international assistance in criminal matters
may be made by the Attorney-General.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 11
Request by foreign country

  11. (1) A request by a foreign country for international assistance in a
criminal matter may be made to the Attorney-General or a person authorised by
the Attorney-General, in writing, to receive requests by foreign countries
under this Act.
  (2) Such a request shall be accompanied by:
  (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) details of the procedure that the foreign country wishes to be followed
by Australia in giving effect to the request, including details of the manner
and form in which any information, document or thing is to be supplied to the
foreign country pursuant to the request;
  (e) a statement setting out the wishes of the foreign country concerning the
confidentiality of the request and the reasons for those wishes;
  (f) details of the period within which the foreign country wishes the
request be complied with;
  (g) if the request involves a person travelling from Australia to the
foreign country - details of allowances to which the person will be entitled,
and of the arrangements for accomodation for the person, while the person is
in the foreign country pursuant to the request;
  (h) any other information required to be included with the request under a
treaty or other arrangement between Australia and the foreign country; and
  (j) any other information that may assist in giving effect to the request;
but failure to comply with this subsection is not a ground for refusing the
request.
  (3) Where a request by a foreign country is made to a person authorised
under subsection (1), the request shall be taken, for the purposes of this
Act, to have been made to the Attorney-General.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - PART II
                 PART II - ASSISTANCE IN RELATION TO TAKING OF
                 EVIDENCE AND PRODUCTION OF DOCUMENTS OR OTHER
                                    ARTICLES


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 12
Requests by Australia

  12. The Attorney-General may, in his or her discretion, request an
appropriate authority of a foreign country to arrange for:
  (a) evidence to be taken in the foreign country; or
  (b) documents or other articles in the foreign country to be produced: for
the purposes of a proceeding in relation to a criminal matter in Australia.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 13
Requests by foreign countries

  13. (1) Where a request is made by a foreign country that:
  (a) evidence be taken in Australia; or
  (b) documents or other articles in Australia be produced;
for the purposes of a proceeding in relation to a criminal matter in the
foreign country, the Attorney-General may, in his or her discretion, by
writing in accordance with the approved form, authorise the taking of the
evidence or the production of the documents or other articles, and the
transmission of the evidence, documents or other articles to the foreign

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country.
  (2) Where the Attorney-General authorises the taking of evidence or the
production of documents or other articles under subsection (1):
  (a) in the case of the taking of evidence - a Magistrate may take the
evidence on oath of each witness appearing before the Magistrate to give
evidence in relation to the matter, and a Magistrate who takes any such
evidence shall:
    (i) cause the evidence to be put in writing and certify that the
evidence was taken by the Magistrate; and
    (ii) cause the writing so certified to be sent to the Attorney-General;
or
  (b) in the case of the production of documents or other articles - a
Magistrate may, subject to subsection (6), require the production of the
documents or other articles and, where the documents or other articles are
produced, the Magistrate shall send the documents, or copies of the documents
certified by the Magistrate to be true copies, or the other articles, to the
Attorney-General.
  (3) The evidence of such a witness may be taken in the presence or absence
of the person to whom the proceeding in the foreign country relates or of his
or her legal representative (if any).
  (4) The Magistrate conducting a proceeding under subsection (2) may permit:
  (a) the person to whom the proceeding in the foreign country relates;
  (b) any other person giving evidence or producing documents or other
articles at the proceeding before the Magistrate; and
  (c) the relevant authority of the foreign country;
to have legal representation at the proceeding before the Magistrate.
  (5) The certificate by the Magistrate under subsection (2) shall state
whether, when the evidence was taken or the documents or other articles were
produced, any of the following persons were present:
  (a) the person to whom the proceeding in the foreign country relates or his
or her legal representative (if any);
  (b) any other person giving evidence or producing documents or other
articles or his or her legal representative (if any).
  (6) Subject to subsection (7), the laws of each State or Territory with
respect to the compelling of persons to attend before a Magistrate, and to
give evidence, answer questions and produce documents or other articles, upon
the hearing of a charge against a person for an offence against the law of
that State or Territory apply, so far as they are capable of application, with
respect to the compelling of persons to attend before a Magistrate, and to
give evidence, answer questions and produce documents or other articles, for
the purposes of this section.
  (7) For the purposes of this section, the person to whom the proceeding in
the foreign country relates is competent but not compellable to give evidence.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - PART III
                PART III - ASSISTANCE IN RELATION TO SEARCH AND
                                    SEIZURE


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 14
Requests by Australia for search and seizure

  14. (1) This section applies to a proceeding or investigation relating to a
criminal matter involving a serious offence against an Australian law if there
are reasonable grounds to believe that a thing relevant to the proceeding or
investigation may be located in a foreign country to which this Act applies.
  (2) Where this section applies to a proceeding or investigation, the
Attorney-General may, in his or her discretion, request an appropriate
authority of the foreign country to obtain a warrant or other instrument
authorising a search for a thing relevant to the proceeding or investigation
and, if such a thing, or any other thing that is or may be relevant to the
proceeding or investigation, as the case may be, is found pursuant to such a
search, authorising the seizure of that thing.
  (3) A request shall be accompanied by an affidavit by a person verifying the
grounds on which the request is made.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 15
Requests by foreign countries for search and seizure

  15. (1) Where:
  (a) a proceeding or investigation relating to a criminal matter involving a
serious offence has commenced in a foreign country;
  (b) there are reasonable grounds to believe that a thing relevant to the
investigation or proceeding is located in Australia; and
  (c) the foreign country requests the Attorney-General to arrange for the
issue of a search warrant under this section in relation to that thing;
the Attorney-General may, in his or her discretion, authorise a police
officer, in writing, to apply to a Magistrate of the State or Territory in
which that thing is believed to be located for the search warrant requested by
the foreign country.
  (2) Where a police officer authorised under subsection (1) has reason to
believe that the thing to which the request relates is, or will, at a
specified time, be:
  (a) on a person;
  (b) in the clothing that is being worn by a person; or
  (c) otherwise in a person's immediate control;

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the police officer may:
  (d) lay before a Magistrate an information on oath setting out the grounds
for that belief; and
  (e) apply for the issue of a warrant under this section to search the person
for that thing.
  (3) Where an application is made under subsection (2), the Magistrate may,
subject to subsection (6), issue a warrant authorising a police officer
(whether or not named in the warrant), with such assistance, and by such
force, as is necessary and reasonable:
  (a) to search the person for the thing; and
  (b) to seize any thing found in the course of the search that the police
officer believes, on reasonable grounds, to be relevant to the proceeding or
investigation.
  (4) Where a police officer authorised under subsection (1) has reason to
believe that the thing to which the request relates is, or will, at a
specified time, be, upon any land, or upon or in any premises, the police
officer may:
  (a) lay before a Magistrate an information on oath setting out the grounds
for that belief; and
  (b) apply for the issue of a warrant under this section to search the land
or premises for that thing.
  (5) Where an application is made under subsection (4), the Magistrate may,
subject to subsection (6), issue a warrant authorising a police officer
(whether or not named in the warrant), with such assistance, and by such
force, as is necessary and reasonable:
  (a) to enter upon the land, or upon or into the premises;
  (b) to search the land or premises for the thing; and
  (c) to seize any thing found in the course of the search that the police
officer believes, on reasonable grounds, to be relevant to the proceeding or
investigation.
  (6) A Magistrate shall not issue a warrant under this section unless:
  (a) the informant or some other person has given to the Magistrate either
orally or by affidavit, such further information (if any) as the Magistrate
requires concerning the grounds on which the issue of the warrant is sought;
and
  (b) the Magistrate is satisfied that there are reasonable grounds for
issuing the warrant.
  (7) There shall be stated in a warrant issued under this section:
  (a) the purpose for which the warrant is issued, including a reference to
the nature of the criminal matter in relation to which the search is
authorised;
  (b) whether the search is authorised at any time of the day or night or
during specified hours of the day or night;
  (c) a description of the kind of things authorised to be seized; and
  (d) a day, not being later than one month after the issue of the warrant, on
which the warrant ceases to have effect.
  (8) If, in the course of searching, under a warrant issued under this
section, for a thing of a kind specified in the warrant, the police officer
finds another thing that the police officer believes on reasonable grounds:
  (a) to be relevant to the proceeding or investigation in the foreign country
or to afford evidence as to the commission of an Australian criminal offence;
and
  (b) is likely to be concealed, lost or destroyed if it is not seized;
the warrant shall be deemed to authorise the police officer to seize the other
thing.
  (9) Where a police officer finds, as a result of a search in accordance with
a warrant issued under this section, a thing which the police officer seizes
wholly or partly because he or she believes the thing on reasonable grounds to
be relevant to the proceeding or investigation in the foreign country, the
police officer shall deliver the thing into the custody and control of the
Commissioner of the Australian Federal Police.
  (10) Where a thing is delivered into the custody and control of the
Commissioner of the Australian Federal Police under subsection (9), the
Commissioner shall arrange for the thing to be kept for a period not exceeding
one month from the day on which the thing was seized pending a direction in
writing from the Attorney-General as to the manner in which the thing is to be
dealt with (which may include a direction that the thing be sent to an
authority of a foreign country).
  (11) A police officer who executes a search warrant issued under subsection
(3) or (5) shall, as soon as practicable after the execution of the warrant,
give to the person, or give to the owner or occupier of the land or premises
or leave in a prominent position on the land or at the premises, as the case
requires, a notice setting out:
  (a) the name and rank of the police officer;
  (b) the name of the Magistrate who issued the warrant and the day on which
it was issued; and
  (c) a description of any things seized and removed in accordance with the
warrant.
  (12) A police officer acting in accordance with a warrant issued under
subsection (3) may remove, or require a person to remove, any of the clothing

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that the person is wearing but only if the removal of the clothing is
necessary and reasonable for an effective search of the person under the
warrant.
  (13) A person shall not be searched under a warrant issued under subsection
(3) except by a person of the same sex.
  (14) Nothing in this section shall be taken to authorise a police officer,
in executing a warrant under subsection (3), to carry out a search by way of
an examination of a body cavity of a person.
  (15) Where a police officer is authorised, under a warrant issued under
subsection (3), to search a person, the police officer may also search:
  (a) the clothing that is being worn by the person; and
  (b) any property in, or apparently in, the person's immediate control.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - PART IV
              PART IV - ARRANGEMENTS FOR PERSONS TO GIVE EVIDENCE
                            OR ASSIST INVESTIGATIONS


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - DIVISION 1
                       Division 1 - Requests by Australia


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 16
Requests for removal of certain persons to Australia

  16. (1) Where:
  (a) a proceeding relating to a criminal matter has commenced in Australia;
and
  (b) the Attorney-General is of the opinion that a person who is in a foreign
country to which this Act applies:
    (i) is a foreign prisoner;
    (ii) is capable of giving evidence relevant to the proceeding; and
    (iii) has given his or her consent to being removed to Australia
for the purpose of giving evidence in the proceeding;
the Attorney-General may, in his or her discretion, request the foreign
country to authorise the attendance of the person at a hearing in connection
with the proceeding.
  (2) Where:
  (a) an investigation relating to a criminal matter has commenced in
Australia; and
  (b) the Attorney-General is of the opinion that a person who is in a foreign
country to which this Act applies:
    (i) is a foreign prisoner;
    (ii) is capable of giving assistance in relation to the investigation;
and
    (iii) has given his or her consent to being removed to Australia
for the purposes of giving assistance in relation to the investigation;
the Attorney-General may, in his or her discretion, request the foreign
country to authorise the removal of the person to Australia for the purpose of
giving assistance in relation to the investigation.
  (3) Where the Attorney-General makes a request under subsection (1) or (2),
the Attorney-General may make arrangements with an appropriate authority of
the foreign country for the purposes of:
  (a) the removal of the person to Australia;
  (b) the custody of the person while in Australia;
  (c) the return of the person to the foreign country; and
  (d) other relevant matters.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 17
Arrangements between Attorney-General and State Ministers in relation
to custody of certain persons

  17. (1) The Attorney-General may make arrangements with a State Minister in
relation to the keeping of persons who are in Australia pursuant to requests
under section 16 in custody in the State.
  (2) The Attorney-General may arrange with a State Minister with whom an
arrangement is in force under subsection (1) for the variation or revocation
of the arrangement.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 18
Custody of certain persons

  18. Where:
  (a) a person is to be brought to Australia from a foreign country pursuant
to a request under section 16; and
  (b) the foreign country requests that the person be kept in custody while he
or she is in Australia;
the person shall, while the person is in Australia or travelling to or from
Australia pursuant to the request, be kept in such custody as the
Attorney-General directs in writing.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 19
Immunities

  19. (1) Where a person is in Australia:
  (a) pursuant to a request under section 16; or
  (b) to give evidence in a proceeding, or to give assistance in relation to
an investigation, pursuant to a request made by or on behalf of the
Attorney-General (not being a request under section 16) for international
assistance in a criminal matter;
the person, subject to subsection (2), shall not:
  (c) be detained, prosecuted or punished in Australia for any offence that is

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alleged to have been committed, or that was committed, before the person's
departure from the foreign country pursuant to the request;
  (d) be subjected to any civil suit in respect of any act or omission of the
person that is alleged to have occurred, or that occurred, before the person's
departure from the foreign country pursuant to the request; or
  (e) be required to give evidence in any proceeding in Australia other than
the proceeding to which the request relates (if any).
  (2) Subsection (1) ceases to apply to a person if:
  (a) the person has left Australia; or
  (b) the person has had the opportunity of leaving Australia and has remained
in Australia otherwise than for:
    (i) the purpose to which the request relates;
    (ii) the purpose of giving evidence in a proceeding in Australia
certified by the Attorney-General, in writing, to be a proceeding in which it
is desirable that the person give evidence; or
    (iii) the purpose of giving assistance in relation to an investigation
in Australia certified by the Attorney-General, in writing, to be an
investigation in relation to which it is desirable that the person give
assistance.
  (3) A certificate given by the Attorney-General for the purposes of
subparagraph (2) (b) (ii) or (iii) has effect from the day specified in the
certificate (which may be a day before the day on which the certificate is
given).
  (4) This section binds the Crown in right of the Commonwealth, of each of
the States and of Norfolk Island.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 20
Status of person prosecuted for offence committed after departure from
foreign country

  20. (1) Where a person has come to Australia pursuant to a request by a
foreign country under section 16, the person shall be taken, for the purposes
of this Act, to be in Australia pursuant to the request during any period
during which the person remains in Australia for the purpose of being tried
for an Australian criminal offence that the person is alleged to have
committed after the person's departure from the foreign country.
  (2) Without limiting the generality of subsection (1), the person shall be
kept in such custody as the Attorney-General directs under section 18.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 21
Limitation on use of evidence given by certain persons

  21. (1) Where:
  (a) a person is in Australia:
    (i) pursuant to a request under section 16; or
    (ii) to give evidence in a proceeding, or to give assistance in
relation to an investigation, pursuant to a request made by or on behalf of
the Attorney-General (not being a request under section 16) for international
assistance in a criminal matter; and
  (b) the person has given evidence in the proceeding to which the request
related or in a proceeding certified by the Attorney-General under
subparagraph 19 (2) (b) (ii) in relation to the person;
that evidence shall not be admitted or otherwise used in any prosecution of
the person for an offence against Australian law, other than the offence of
perjury in relation to the giving of that evidence.
  (2) This section binds the Crown in right of the Commonwealth, of each of
the States and of Norfolk Island.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 22
Conditions of imprisonment

  22. The laws of a State or Territory with respect to:
  (a) the conditions of imprisonment of persons imprisoned in that State or
Territory for offences against the law of that State or Territory;
and
  (b) the treatment of any such persons during imprisonment; and
  (c) the transfer of any such persons from prison to prison;
apply, so far as they are capable of application, in relation to a person who
is in Australia pursuant to a request under section 16 and who has been
committed to a prison in that State or Territory in accordance with a
direction of the Attorney-General under this Act.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 23
Release of certain persons upon request by foreign country

  23. Where:
  (a) a person is being held in custody in accordance with a direction of the
Attorney-General under section 18; and
  (b) the foreign country from which the person has been brought requests the
release of the person from custody;
the Attorney-General shall direct that the person be released from custody.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 24
Escaping

  24. (1) Any person who escapes from lawful custody while in Australia
pursuant to a request under section 16 shall be guilty of an offence.
  Penalty: Imprisonment for 2 years.
  (2) Sections 46 and 47 of the Crimes Act 1914 apply as if a reference in
those sections to custody in respect of any offence against a law of the

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Commonwealth were a reference to custody while in Australia pursuant to a
request under section 16.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 25
Arrest of person who has escaped from custody

  25. (1) Any police officer may, without warrant, arrest a person, if the
police officer has reasonable grounds to believe that the person:
  (a) has been brought to Australia pursuant to a request under section 16;
and
  (b) has escaped from lawful custody while in Australia pursuant to the
request.
  (2) A person who has been arrested pursuant to subsection (1) shall be
returned to custody in accordance with this Act.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - DIVISION 2
                   Division 2 - Requests by foreign countries


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 26
Requests for giving of evidence at hearings in foreign countries

  26. (1) Where:
  (a) a proceeding relating to a criminal matter has commenced in a foreign
country;
  (b) the foreign country requests the attendance at a hearing in connection
with the proceeding of a federal prisoner or a State prisoner who is in
Australia (whether or not in custody);
  (c) there are reasonable grounds to believe that the prisoner is capable of
giving evidence relevant to the proceeding; and
  (d) the Attorney-General is satisfied that:
    (i) the prisoner has consented to giving evidence in the foreign
country; and
    (ii) the foreign country has given adequate undertakings in respect
of the matters referred to in subsection (3);
the Attorney-General may, in his or her discretion:
  (e) in a case where the prisoner is being held in custody:
    (i) if the prisoner is a federal prisoner and is not also a State
prisoner - direct that the prisoner be released from prison for the purpose of
travelling to the foreign country to give evidence at the proceeding;
    (ii) if the prisoner is a federal prisoner and also a State prisoner -
direct, subject to the obtaining of any approvals required to be obtained from
an authority of the relevant State, that the prisoner be released from prison
for the purpose of travelling to the foreign country to give evidence at the
proceeding; and
    (iii) in any case, subject to the making or giving of any necessary
directions or approvals in relation to the release of the prisoner - make
arrangements for the travel of the prisoner to the foreign country in the
custody of a police or prison officer appointed by the Attorney-General for
the purpose; or
  (f) in a case where the prisoner, having been released from custody on a
parole or other order or licence to be at large, is not being held in custody:
    (i) if the prisoner is a federal prisoner and is not also a State
prisoner - approve the travel of the prisoner to the foreign country to give
evidence at the proceeding and obtain such approvals, authorities, permissions
or variations to the parole or other order or licence to be at large as may be
required;
    (ii) if the prisoner is a federal prisoner and also a State prisoner -
subject to the obtaining of any approvals, authorities or permissions required
to be obtained from an authority of the relevant State and the making of any
necessary variations to the parole or other order or licence to be at large,
approve the travel of the prisoner to the foreign country to give evidence at
the proceeding and obtain such approvals, authorities, permissions or
variations to the parole or other order or licence to be at large made or
granted, as the case may be, under a law of the Commonwealth or of a Territory
as may be required; and
    (iii) in any case, subject to the obtaining of any necessary
approvals, authorities, permissions or variations of the parole or other order
or licence to be at large - make arrangements for the travel of the prisoner
to the foreign country.
  (2) Where:
  (a) a proceeding relating to a criminal matter has commenced in a foreign
country;
  (b) the foreign country requests the attendance at a hearing in connection
with the proceeding of a person (not being a federal prisoner or a State
prisoner) who is in Australia;
  (c) there are reasonable grounds to believe that the person is capable of
giving evidence relevant to the proceeding; and
  (d) the Attorney-General is satisfied that:
    (i) the person has consented to giving evidence in the foreign
country; and
    (ii) the foreign country has given adequate undertakings in respect
of the matters referred to in subsection (3);
the Attorney-General may, in his or her discretion, make arrangements for the
travel of the person to the foreign country.
  (3) The matters in relation to which undertakings are to be given by a

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foreign country for the purpose of a request that a person give evidence in
the foreign country are:
  (a) that the person shall not:
    (i) be detained, prosecuted or punished for any offence against
the law of the foreign country that is alleged to have been committed, or that
was committed, before the person's departure from Australia;
    (ii) be subjected to any civil suit in respect of any act or omission
of the person that is alleged to have occurred, or that occurred, before the
person's departure from Australia; or
    (iii) be required to give evidence in any proceeding in the foreign
country other than the proceeding to which the request relates;
unless:
    (iv) the person has left the foreign country; or
    (v) the person has had the opportunity of leaving the foreign
country and has remained in that country otherwise than for the purpose of
giving evidence in the proceeding to which the request relates;
  (b) that any evidence given by the person in the proceeding to which the
request relates will be inadmissible or otherwise disqualified from use in the
prosecution of the person for an offence against a law of the foreign country
other than the offence of perjury in relation to the giving of that evidence;
  (c) that the person will be returned to Australia in accordance with
arrangements agreed by the Attorney-General;
  (d) in a case where the person is being held in custody in Australia and the
Attorney-General requests the foreign country to make arrangements for the
keeping of the person in custody while the person is in the foreign country:
    (i) the making of appropriate arrangements for that purpose;
    (ii) that the person will not be released from custody in the
foreign country unless the Attorney-General notifies an appropriate authority
of the foreign country that the person is entitled to be released from custody
under Australian law; and
    (iii) if the person is released in the foreign country as mentioned
in subparagraph (ii) - that the person's accommodation and expenses pending
the completion of the proceeding to which the request relates will be paid for
by the foreign country; and
  (e) such other matters (if any) as the Attorney-General thinks appropriate.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 27
Requests for assistance in relation to investigations in foreign countries

  27. (1) Where:
  (a) an investigation relating to a criminal matter has commenced in a
foreign country;
  (b) the foreign country requests the removal of a federal prisoner or a
State prisoner who is in Australia (whether or not in custody) to the foreign
country for the purpose of giving assistance in relation to the
investigation;
  (c) there are reasonable grounds to believe that the prisoner is capable of
giving assistance in relation to the investigation; and
  (d) the Attorney-General is satisfied that:
    (i) the prisoner has consented to being removed to the foreign
country for the purpose of giving assistance in relation to the investigation;
and
    (ii) the foreign country has given adequate undertakings in respect
of the matters referred to in subsection (3);
the Attorney-General may, in his or her discretion:
  (e) in a case where the prisoner is being held in custody:
    (i) if the prisoner is a federal prisoner and is not also a State
prisoner - direct that the prisoner be released from prison for the purpose of
travelling to the foreign country to give assistance in relation to the
investigation;
    (ii) if the prisoner is a federal prisoner and also a State prisoner -
direct, subject to the obtaining of any approvals required to be obtained from
an authority of the relevant State, that the prisoner be released from prison
for the purpose of travelling to the foreign country for the purpose of giving
assistance in relation to the investigation; and
    (iii) in any case, subject to the making or giving of any necessary
directions or approvals in relation to the release of the prisoner - make
arrangements for the travel of the prisoner to the foreign country in the
custody of a police or prison officer appointed by the Attorney-General for
the purpose; or
  (f) in a case where the prisoner, having been released from custody on a
parole or other order or licence to be at large, is not being held in custody:
    (i) if the prisoner is a federal prisoner and is not also a State
prisoner - approve the travel of the prisoner to the foreign country for the
purpose of giving assistance in relation to the investigation and obtain such
approvals, authorities, permissions or variations to the parole or other order
or licence to be at large as may be required;
    (ii) if the prisoner is a federal prisoner and also a State prisoner -
subject to the obtaining of any approvals, authorities or permissions required
to be obtained from an authority of the relevant State and the making of any
necessary variations to the parole or other order or licence to be at large,
approve the travel of the prisoner to the foreign country for the purpose of

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giving assistance in relation to the investigation and obtain such approvals,
authorities, permissions or variations to the parole or other order or licence
to be at large made or granted, as the case may be, under a law of the
Commonwealth or of a Territory as may be required;
and
    (iii) in any case, subject to the obtaining of any necessary
approvals, authorities, permissions or variations of the parole or other order
or licence to be at large - make arrangements for the travel of the prisoner
to the foreign country.
  (2) Where:
  (a) an investigation relating to a criminal matter has commenced in a
foreign country;
  (b) the foreign country requests that a person (not being a federal prisoner
or a State prisoner) who is in Australia travel to the foreign country to give
assistance in relation to the investigation;
  (c) there are reasonable grounds to believe that the person is capable of
giving assistance in relation to the investigation; and
  (d) the Attorney-General is satisfied that:
    (i) the person has consented to travel to the foreign country for
the purpose of giving assistance in relation to the investigation; and
    (ii) the foreign country has given adequate undertakings in respect
of the matters referred to in subsection (3);
the Attorney-General may, in his or her discretion, make arrangements for the
travel of the person to the foreign country.
  (3) The matters in relation to which undertakings are to be given by a
foreign country for the purpose of a request that a person be removed to, or
travel to, the foreign country for the purpose of giving assistance in
relation to an investigation are:
  (a) that the person shall not:
    (i) be detained, prosecuted or punished for any offence against
the law of the foreign country that is alleged to have been committed, or that
was committed, before the person's departure from Australia;
    (ii) be subjected to any civil suit in respect of any act or omission
of the person that is alleged to have occurred, or that occurred, before the
person's departure from Australia; or
    (iii) be required to give evidence in any proceeding in the foreign
country;
unless:
    (iv) the person has left the foreign country; or
    (v) the person has had the opportunity of leaving the foreign
country and has remained in that country otherwise than for the purpose of
giving assistance in relation to the investigation to which the request
relates;
  (b) that the person will be returned to Australia in accordance with
arrangements agreed by the Attorney-General;
  (c) in a case where the person is being held in custody in Australia and the
Attorney-General requests the foreign country to make arrangements for the
keeping of the person in custody while the person is in the foreign country:
    (i) the making of appropriate arrangements for that purpose;
    (ii) that the person will not be released from custody in the
foreign country unless the Attorney-General notifies an appropriate authority
of the foreign country that the person is entitled to be released from custody
under Australian law; and
    (iii) if the person is released in the foreign country as mentioned
in subparagraph (ii) - that the person's accomodation and expenses pending the
completion of the investigation to which the request relates will be paid for
by the foreign country; and
  (d) such other matters (if any) as the Attorney-General thinks appropriate.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 28
Effect of removal to foreign country on prisoner's term of imprisonment

  28. Where a prisoner who is serving a term of imprisonment for an offence
against a law of the Commonwealth or of a Territory is released from a prison
pursuant to a request by a foreign country under section 26 or 27, the
prisoner shall, while in custody in connection with the request (including
custody outside Australia), be deemed to be continuing to serve that term of
imprisonment.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - PART V
                     PART V - CUSTODY OF PERSONS IN TRANSIT


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 29
Transit

  29. (1) Where:
  (a) a person is to be transported in custody from a foreign country through
Australia to another foreign country for the purpose of giving evidence in a
proceeding, or giving assistance in relation to an investigation, relating to
a criminal matter in the other foreign country; and
  (b) at least one of those foreign countries is a foreign country to which
this Act applies;
the person:
  (c) may be transported through Australia in the custody of another person;
and

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  (d) if an aircraft or ship by which the person is being transported lands or
calls at a place in Australia - shall be kept in such custody as the
Attorney-General directs in writing until his or her transportation is
continued.
  (2) Where a person who is being held in custody pursuant to a direction
under paragraph (1) (d) and the person's transportation is not, in the opinion
of the Attorney-General, continued within a reasonable time, the
Attorney-General may direct that the person be transported in custody to the
foreign country from which the person was first transported.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 30
Escaping

  30. (1) Any person who, being a person being kept in custody, pursuant to a
direction under paragraph 29 (1) (d), escapes from such custody, shall be
guilty of an offence.
  Penalty: Imprisonment for 2 years.
  (2) Sections 46 and 47 of the Crimes Act 1914 apply as if a reference in
those sections to custody in respect of any offence against a law of the
Commonwealth were a reference to custody pursuant to a direction under
paragraph 29 (1) (d).

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 31
Arrest of person in transit

  31. (1) Any police officer may, without warrant, arrest a person if the
police officer has reasonable grounds to believe that the person was being
kept in custody pursuant to a direction under paragraph 29 (1) (d) and has
escaped from that custody.
  (2) A person who has been arrested pursuant to subsection (1) shall be
returned to custody in accordance with this Act.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - PART VI
                          PART VI - PROCEEDS OF CRIME


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - DIVISION 1
                       Division 1 - Requests by Australia


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 32
Requests for enforcement of orders

  32. The Attorney-General may, in his or her discretion, request an
appropriate authority of a foreign country to which this Act applies to make
arrangements for the enforcement of:
  (a) an Australian forfeiture order against property that is believed to be
located in that country;
  (b) an Australian pecuniary penalty order where some or all of the property
available to satisfy the order is believed to be located in that country; or
  (c) an Australian restraining order against property that is believed to be
located in that country;
if the order was made in respect of a serious offence.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 33
Requests for issue of orders in foreign countries

  33. Where a criminal proceeding or criminal investigation has commenced in
Australia in relation to a serious offence, the Attorney-General may, in his
or her discretion, request an appropriate authority of a foreign country to
which this Act applies to obtain the issue, in respect of the offence, of a
warrant, order or other instrument similar in nature to any of the following
warrants and orders under the Proceeds of Crime Act:
  (a) a search warrant for tainted property;
  (b) a restraining order;
  (c) a production order in respect of a property-tracking document;
  (d) a search warrant in respect of a property-tracking document;
  (e) a monitoring order.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - DIVISION 2
                   Division 2 - Requests by foreign countries


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 34
Requests for enforcement of orders

  34. (1) Where:
  (a) a foreign country requests the Attorney-General to make arrangements for
the enforcement of:
    (i) a foreign forfeiture order, made in respect of a serious
offence, against property that is believed to be located in Australia; or
    (ii) a foreign pecuniary penalty order, made in respect of a
serious offence, where some or all of the property available to satisfy the
order is believed to be located in Australia; and
  (b) the Attorney-General is satisfied that:
    (i) a person has been convicted of the offence; and
    (ii) the conviction and the order are not subject to further appeal
in the foreign country;
the Attorney-General may, in his or her discretion, authorise the DPP, in
writing, to apply for the registration of the order in a specified court.
  (2) Where a foreign country requests the Attorney-General to make
arrangements for the enforcement of a foreign restraining order, made in
respect of a serious offence, against property that is believed to be located
in Australia, the Attorney-General may, in his or her discretion, authorise
the DPP, in writing, to apply for the registration of the order in a specified
court.

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  (3) The court specified shall be the Supreme Court of a State or Territory
in which the property, or some or all of the property, is believed to be
located.
  (4) Where the DPP applies to a court for registration of a foreign order in
accordance with an authorisation under this section, the court shall register
the order accordingly.
  (5) A foreign forfeiture order registered in a court in accordance with this
section has effect, and may be enforced, as if it were a forfeiture order made
by the court under the Proceeds of Crime Act at the time of registration.
  (6) A foreign pecuniary penalty order registered in a court in accordance
with this section has effect, and may be enforced, as if it were a pecuniary
penalty order made by the court under the Proceeds of Crime Act at the time of
registration and requiring the payment to the Commonwealth of the amount
payable under the order.
  (7) A foreign restraining order registered in a court in accordance with
this section has effect, and may be enforced, as if it were a restraining
order made by the court under the Proceeds of Crime Act at the time of
registration.
  (8) Where an order is registered in a court in accordance with this section,
a copy of any amendments made to the order (whether before or after
registration) may be registered in the same way as the order and the
amendments do not, for the purposes of this Act and the Proceeds of Crime Act,
have effect until they are registered.
  (9) An order or an amendment of an order shall be registered in a court by
the registration, in accordance with the rules of the court, of:
  (a) a copy of the appropriate order or amendment sealed by the court or
other authority making that order or amendment; or
  (b) a copy of that order or amendment duly authenticated in accordance with
subsection 43 (2).
  (10) A facsimile copy of a sealed or authenticated copy of an order or an
amendment of an order shall be regarded for the purposes of this Act as the
same as the sealed or authenticated copy but registration effected by means of
the facsimile copy ceases to have effect at the end of 21 days unless the
sealed or authenticated copy has been registered by then.
  (11) The Attorney-General may, in his or her discretion, direct the DPP to
apply to a court in which:
  (a) a foreign forfeiture order;
  (b) a foreign pecuniary penalty order; or
  (c) a foreign restraining order;
has been registered in accordance with this section for cancellation of the
registration.
  (12) Without limiting the generality of subsection (11), the
Attorney-General may give a direction under that subsection in relation to an
order if the Attorney-General is satisfied that:
  (a) the order has ceased to have effect in the foreign country in which the
order was made; or
  (b) cancellation of the order is appropriate having regard to the
arrangements entered into between Australia and the foreign country in
relation to the enforcement of orders of that kind.
  (13) Where the DPP applies to a court for cancellation of a registration in
accordance with a direction under subsection (11), the court shall cancel the
registration accordingly.
  (14) Sections 100, 101 and 102 of the Proceeds of Crime Act do not apply to
an order registered in accordance with this section.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 35
Requests for search and seizure warrants in respect of tainted property

  35. (1) Where:
  (a) a criminal proceeding or criminal investigation has commenced in a
foreign country in respect of a serious offence;
  (b) there are reasonable grounds to believe that tainted property in
relation to the offence is located in Australia; and
  (c) the foreign country requests the Attorney-General to obtain the issue of
a search warrant under the Proceeds of Crime Act in relation to the tainted
property;
the Attorney-General may, in his or her discretion, authorise a police officer
to apply to a magistrate of a specified State or Territory (within the meaning
of the Proceeds of Crime Act) for the search warrant requested by the foreign
country.
  (2) The State or Territory specified shall be a State or Territory in which
the tainted property, or some or all of the tainted property, is believed to
be located.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 36
Requests for restraining orders

  36. (1) Where:
  (a) a criminal proceeding has commenced in a foreign country in respect of a
serious offence;
  (b) there are reasonable grounds to believe that property that may be made
or is about to be made the subject of a foreign restraining order is located
in Australia; and
  (c) the foreign country requests the Attorney-General to obtain the issue of

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a restraining order under the Proceeds of Crime Act against the property;
the Attorney-General may, in his or her discretion, authorise the DPP to apply
to a specified court for the restraining order requested by the foreign
country.
  (2) The court specified shall be the Supreme Court of a State or Territory
in which the property, or some or all of the property, is believed to be
located.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 37
Requests for information gathering orders

  37. (1) Where:
  (a) a criminal proceeding or criminal investigation has commenced in a
foreign country in respect of a serious offence;
  (b) a property-tracking document in relation to the offence is reasonably
believed to be located in Australia; and
  (c) the foreign country requests the Attorney-General to obtain the issue
of:
    (i) a production order under the Proceeds of Crime Act in
respect of the document; or
    (ii) a search warrant under the Proceeds of Crime Act in respect
of the document;
the Attorney-General may, in his or her discretion, authorise a police officer
to apply to a judge of a specified court for the order requested by the
foreign country.
  (2) The court specified shall be the Supreme Court of a State or Territory
in which the document is, or some or all of the documents are, believed to be
located.
  (3) Where:
  (a) a criminal proceeding or criminal investigation has commenced in a
foreign country in respect of a serious offence that is:
    (i) a serious narcotics offence;
    (ii) a money laundering offence in respect of proceeds of a
serious narcotics offence; or
    (iii) an ancillary offence in relation to an offence of a kind
referred to in subparagraph (i) or (ii);
  (b) information about transactions conducted through an account with a
financial institution in Australia is reasonably believed to be relevant to
the proceeding or investigation; and
  (c) the foreign country requests the Attorney-General to obtain the issue of
a monitoring order under the Proceeds of Crime Act directing the financial
institution to give information to the Australian Federal Police about
transactions conducted through the account;
the Attorney-General may, in his or her discretion, authorise a police officer
to apply to a judge of a specified court for the order requested by the
foreign country.
  (4) The court specified shall be the Supreme Court of a State or Territory.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - PART VII
                        PART VII - SERVICE OF DOCUMENTS


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 38
Service of documents

  38. (1) Where a foreign country requests the Attorney-General to arrange for
the service in Australia of a process relating to a criminal matter in the
foreign country, the Attorney-General may, in his or her discretion, arrange
for the service of the process.
  (2) Without limiting the manner in which the service of a document in a
foreign country may be proved in Australia, service of such a document may be
proved by affidavit of the person who served the document.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - PART VIII
                           PART VIII - MISCELLANEOUS


MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 39
Arrangements with States

  39. (1) The Governor-General may make arrangements with the Governor of a
State with respect to the administration of this Act, including arrangements
for the performance of the functions of a Magistrate under this Act by a
Magistrate of that State.
  (2) The Governor-General may arrange with the Governor of a State with whom
an arrangement is in force under subsection (1) for the variation or
revocation of the arrangement.
  (3) A copy of each instrument by which an arrangement under subsection (1)
or (2) is made, varied or revoked shall be published in the Gazette.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 40
Delegation

  40. (1) The Attorney-General may, either generally or as otherwise provided
by the instrument of delegation, delegate to an officer of the
Attorney-General's Department all or any of his or her powers under this Act,
other than this power of delegation or his or her powers under section 8.
  (2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the
Attorney-General.
  (3) A delegation under this section does not prevent the exercise of a power
by the Attorney-General.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 41
Jurisdiction of courts

  41. A matter arising under a mutual assistance treaty shall, for the
purposes of section 38 of the Judiciary Act 1903, be deemed not to be a matter
arising directly under a treaty.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 42
Evidence

  42. A certificate by the Attorney-General stating that:
  (a) Australia or a specified foreign country is a party to a specified
treaty;
  (b) a specified treaty entered into force for Australia or a specified
foreign country on a specified day; or
  (c) on a day specified in the certificate, a specified treaty remained in
force for Australia or a specified foreign country;
is, for the purpose of any proceedings under this Act, prima facie evidence of
the matters stated in the certificate.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 43
Authentication of documents

  43. (1) In a proceeding under this Act or a proceeding under or pursuant to
the Proceeds of Crime Act arising directly or indirectly from a request made
under this Act, any document that is duly authenticated is admissible in
evidence.
  (2) A document is duly authenticated for the purposes of subsection (1) if:
  (a) it purports to be signed or certified by a Judge, Magistrate or officer
in or of a foreign country; and
  (b) it purports to be authenticated by the oath of a witness or an officer
of the Government of the foreign country or to be sealed with an official or
public seal of the foreign country or of a Minister of State, or of a
Department or officer of the Government, of the foreign country.
  (3) Nothing in this section prevents the proof of any matter, or the
admission in evidence of any document, in accordance with any other law of the
Commonwealth or any law of a State or Territory.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 44
Regulations

  44. The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters:
  (a) required or permitted by this Act to be prescribed; or
  (b) necessaryor convenient to be prescribed for carrying out or giving
effect to this Act;
and, in particular:
  (c) prescribing the practice and procedure in relation to the performance by
Magistrates of functions under this Act, including the summoning of witnesses,
the production of documents, the taking of evidence on oath, the administering
of oaths, the payment of expenses and allowances of witnesses and the
protection and immunity of Magistrates, of barristers and solicitors appearing
before Magistrates and of witnesses; and
  (d) prescribing penalties not exceeding a fine of $1,000 for offences
against the regulations.