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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 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 mentioned in column 3 of item   5 of the table in subsection   6A(6), or in column 3 of item   5 of the table in subsection   6A(7), of the Surveillance Devices Act 2004 .

 


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