Commonwealth Numbered Acts Commonwealth Numbered Acts
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.
4 Subsection 6(1)
Insert:
"mutual assistance authorisation" means an authorisation under subsection 15CA(1) of the Mutual Assistance in Criminal Matters Act 1987.