Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 15D

  (1)   This section applies if:

  (a)   a foreign country requests the disclosure of specified information or specified documents that come into existence during a specified period; and

  (b)   the information or documents relate to the fact of a communication passing over a telecommunications system.

  (2)   To avoid doubt, information or documents do not relate to the fact of a communication passing over a telecommunications system:

  (a)   if the information is the contents or substance of a communication; or

  (b)   to the extent that the documents contain the contents or substance of a communication.

  (3)   The Attorney - General may authorise the making of an authorisation under section   180B of the Telecommunications (Interception and Access) Act 1979 , of a disclosure of information or documents to which this section applies, if he or she is satisfied that:

  (a)   an investigation relating to a criminal matter involving an offence against the law of the foreign country has commenced in that country; and

  (b)   the offence:

  (i)   is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or

  (ii)   involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence within the meaning of section   5D of the Telecommunications (Interception and Access) Act 1979 .