Competent authority

Commonwealth of Australia

Australia - Mutual Assistance in Criminal Matters Act No. 85 1987 (2018)

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

10 Request by Australia
(1) A request for international assistance in a criminal matter that Australia is authorised to make under this Act may be made only by the Attorney General.
(2) Subsection (1) does not prevent the Attorney General on behalf of Australia from requesting international assistance in a criminal matter other than assistance of a kind that may be requested under this Act.

Part I—Preliminary
11 Request by foreign country
(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) A request must be in writing and must include or be accompanied by the following information:
(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) any information that may assist in giving effect to the request.
However, a 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.
(4) If a foreign country makes a request to a court in Australia for international assistance in a criminal matter:
(a) the court must refer the request to the Attorney General; and
(b) the request is then taken, for the purposes of this Act, to have been made to the Attorney General.

Rome Statute

Article 87 Requests for cooperation: general provisions

1.

(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.

(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.