Commonwealth Consolidated Acts

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MUTUAL ASSISTANCE IN BUSINESS REGULATION ACT 1992 - SECT 8

Minister's consideration of matter

             (1)  If the Commonwealth regulator informs the Minister as mentioned in subparagraph 7(1)(a)(i) or (ii), the Minister must, in writing:

                     (a)  authorise the obtaining of the information, documents or evidence, as the case may be, from the person in compliance with the request; or

                     (b)  refuse the request.

             (2)  In considering action under this section or subsection 9(2) in relation to the request, the Minister is to take into account the following matters and any other matters that he or she thinks relevant:

                     (a)  whether it is in Australia's national interest to comply with the request;

                     (b)  whether complying with the request is consistent with international law and international comity;

                     (c)  whether anything provided in compliance with the request is likely to be used for punishing a person for an offence of a political character;

                     (d)  whether anything provided in compliance with the request is likely to be used for prosecuting, punishing or otherwise harming a person because of the person's race, sex, religion, nationality or political opinions;

                     (e)  whether it would be more appropriate for the request to be dealt with under the Mutual Assistance in Criminal Matters Act 1987 .



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