Schedule 1—Amendment of the Criminal Code Act 1995

Chapter 8—Offences against humanity and related offences

Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court

Subdivision K—Miscellaneous


268.120 Saving of other laws

This Division is not intended to exclude or limit any other law of the Commonwealth or any law of a State or Territory.


268.121 Bringing proceedings under this Division

(1) Proceedings for an offence under this Division must not be commenced without the Attorney General’s written consent.

(2) An offence against this Division may only be prosecuted in the name of the Attorney General.

(3) However, a person may be arrested, charged, remanded in custody, or released on bail, in connection with an offence under this Division before the necessary consent has been given.


268.122 Attorney General’s decisions in relation to consents to be final

(1) Subject to any jurisdiction of the High Court under the Constitution, a decision by the Attorney General to give, or to refuse to give, a consent under section 268.121:

(a) is final; and
(b) must not be challenged, appealed against, reviewed, quashed or called in question; and
(c) is not subject to prohibition, mandamus, injunction, declaration or certiorari.

(2) The reference in subsection (1) to a decision includes a reference to the following:

(a) a decision to vary, suspend, cancel or revoke a consent that has been given;
(b) a decision to impose a condition or restriction in connection with the giving of, or a refusal to give, a consent or to remove a condition or restriction so imposed;
(c) a decision to do anything preparatory to the making of a decision to give, or to refuse to give, a consent or preparatory to the making of a decision referred to in paragraph (a) or (b), including a decision for the taking of evidence or the holding of an inquiry or investigation;
(d) a decision doing or refusing to do anything else in connection with a decision to give, or to refuse to give, a consent or a decision referred to in paragraph (a), (b) or (c);
(e) a failure or refusal to make a decision whether or not to give a consent or a decision referred to in a paragraph (a), (b), (c) or (d).

(3) Any jurisdiction of the High Court referred to in subsection (1) is exclusive of the jurisdiction of any other court.

Part 2—General provisions relating to requests by the ICC for cooperation

10 Execution of requests
(1) A request for cooperation must be executed in accordance with the relevant procedure under the applicable Australian law (as provided in this Act).
(2) If the request states that it should be executed in a particular manner that is not prohibited by Australian law or by using a particular procedure that is not prohibited by Australian law, the Attorney-General must use his or her best efforts to ensure that the request is executed in that manner or by using that procedure, as the case may be.
(3) This section does not affect the operation of subsection 106(1) (which allows the Prosecutor in certain circumstances to execute a request for cooperation to which Part 4 applies) or section 107 (which allows the Prosecutor in certain circumstances to conduct investigations in Australia).

Part 2—General provisions relating to requests by the ICC for cooperation

14 Response to be sent to ICC
(1) The Attorney-General must notify the ICC, without undue delay, of his or her response to a request for cooperation and of the outcome of any action that has been taken in relation to the request.
(2) If the Attorney-General decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, wholly or partly, the notice to the ICC must set out the reasons for the decision.
(3) If the request for cooperation cannot be executed for any other reason, the notice to the ICC must set out the reasons for the inability or failure to execute the request.
(4) In the case of an urgent request for cooperation, any documents or evidence produced in response must, if the ICC requests, be sent urgently to it.
(5) Documents or evidence provided or produced in response to a request for cooperation must be sent to the ICC in the original language and form.

15 Attorney-General must take into account ICC’s ability to refer matter to Assembly of States Parties or Security Council
In determining what action to take in relation to a request for cooperation, the Attorney-General must take into account the power of the ICC to refer the matter to the Assembly of States Parties or to the Security Council in accordance with paragraph 7 of article 87 of the Statute if the ICC finds that, contrary to the provisions of the Statute, Australia has failed to comply with the request.

Part 3—Requests by the ICC for arrest and surrender of persons

Division 3—Arrest of persons
20 Arrest following request for arrest and surrender
(1) Subject to section 22, if:
(a) the Attorney-General receives a request for arrest and surrender of a person; and
(b) Division 2 has been complied with in respect of the request; the Attorney-General may, by written notice in the statutory form expressed to be directed to any magistrate, state that the request has been received.
(2) If the Attorney-General issues such a notice, a copy of any warrant of arrest or judgment of conviction that was issued by the ICC must be attached to the notice.
(3) A magistrate must issue a warrant, by writing in the statutory form, for the person’s arrest if an application is made, in the statutory form, on behalf of the ICC, for issue of a warrant pursuant to the notice.
(4) After the warrant has been issued, the magistrate must without delay send to the Attorney-General a report stating that the magistrate has issued the warrant.

Part 6—Search, seizure and powers of arrest

Division 1—Search warrants

111 When search warrants can be issued
(1) A magistrate may issue a warrant to search premises if:
(a) an application has been made to the magistrate under subsection 27(1) or 78(1); and
(b) the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or within the applicable period referred to in subsection (3) of this section will be, any evidential material at the premises.
(2) A magistrate may issue a warrant authorising an ordinary search or a frisk search of a person if:
(a) an application has been made to the magistrate under subsection 27(2) or 78(2); and
(b) the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that the person has, or within the applicable period referred to in subsection (3) of this section will have, any evidential material in his or her possession.
(3) For the purposes of subsections (1) and (2), the applicable period is:
(a) if the application for the warrant is made by telephone, telex, fax or other electronic means, as provided by section 116—48 hours; or
(b) otherwise—72 hours.
(4) If the person applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the person must state that suspicion, and the grounds for that suspicion, in the information.
(5) If the person applying for the warrant is a member or special member of the Australian Federal Police and has, at any time previously, applied for a warrant relating to the same person or premises, the person must state particulars of those applications and their outcome in the information.
(6) A magistrate in New South Wales or the Australian Capital Territory may issue a warrant in relation to premises or a person in the Jervis Bay Territory.
(7) A magistrate in a State may:
(a) issue a warrant in relation to premises or a person in that State; or
(b) issue a warrant in relation to premises or a person in an external Territory; or
(c) issue a warrant in relation to premises or a person in another State or in the Jervis Bay Territory if he or she is satisfied that there are special circumstances that make the issue of the warrant appropriate; or
(d) issue a warrant in relation to a person wherever the person is in Australia if he or she is satisfied that it is not possible to predict where the person may be.

112 Content of warrants
(1) If a magistrate issues a search warrant, the magistrate is to state in the warrant:
(a) the purpose for which it is issued, including the crime within the jurisdiction of the ICC to which the application for the warrant relates; and
(b) a description of the premises to which the warrant relates or the name or description of the person to whom it relates; and
(c) the kinds of evidential material that are to be searched for under the warrant; and
(d) the name of the police officer who, unless he or she inserts the name of another police officer in the warrant, is to be responsible for executing the warrant; and
(e) the period for which the warrant remains in force, which must not be more than:
(i) if the warrant is issued on an application by telephone, telex, fax or other electronic means as provided by section 116—48 hours; or
(ii) otherwise—7 days; and
(f) whether the warrant may be executed at any time or only during particular hours.
(2) Paragraph (1)(e) does not prevent the issue of successive warrants in relation to the same premises or person.
(3) The magistrate is also to state, in a warrant in relation to premises:
(a) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c)) found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be:
(i) evidential material; or
(ii) a thing relevant to an indictable offence against an Australian law;
if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing the crime within the jurisdiction of the ICC or an indictable offence against an Australian law; and
(b) whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or an officer assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.
(4) The magistrate is also to state, in a warrant in relation to a person:
(a) that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c)) found, in the course of the search, in the possession of the person or in or on a recently used conveyance, being a thing that the executing officer or an officer assisting believes on reasonable grounds to be:
(i) evidential material; or
(ii) a thing relevant to an indictable offence against an Australian law;
if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing the crime within the jurisdiction of the ICC or an indictable offence against an Australian law; and
(b) the kind of search of a person that the warrant authorises.

113 The things authorised by a search warrant in relation to premises
(1) A warrant in force in relation to premises authorises the executing officer or an officer assisting:
(a) to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, wherever it is; and
(b) to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and
(c) to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and
(d) to seize other things found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be:
(i) evidential material; or
(ii) things relevant to an indictable offence against an Australian law;
if the executing officer or an officer assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing the crime within the jurisdiction of the ICC or an indictable offence against an Australian law; and
(e) to seize other things found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be seizable items; and
(f) if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or an officer assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.
(2) If the warrant states that it may be executed only during particular hours, it must not be executed outside those hours.

114 The things authorised by a search warrant in relation to a person
(1) A warrant in force in relation to a person authorises the executing officer or an officer assisting:
(a) to:
(i) search the person as specified in the warrant; and
(ii) search things found in the possession of the person; and
(iii) search any recently used conveyance;
for things of the kind specified in the warrant; and
(b) to:
(i) seize things of that kind; and
(ii) record fingerprints from things; and
(iii) take forensic samples from things;
found in the course of the search; and
(c) to seize other things found in the possession of the person or in or on the conveyance in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be:
(i) evidential material; or
(ii) things relevant to an indictable offence against an Australian law;if the executing officer or a police officer assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing the crime within the jurisdiction of the ICC or an indictable offence against an Australian law; and
(d) to seize other things found in the course of the search that the executing officer or a police officer assisting believes on reasonable grounds to be seizable items.
(2) If the warrant states that it may be executed only during particular hours, it must not be executed outside those hours.
(3) If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different from that so authorised must not be done under the warrant.

115 Restrictions on personal searches
A warrant cannot authorise a strip search or a search of a person’s body cavities.

116 Warrants may be issued by telephone etc.
(1) A police officer may apply to a magistrate for a warrant by telephone, telex, fax or other electronic means:
(a) in an urgent case; or
(b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
(2) The magistrate may require communication by voice to the extent that is practicable in the circumstances.
(3) An application under this section must include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn.
(4) If an application is made to a magistrate under this section and the magistrate, after considering the information and having received and considered such further information (if any) as the magistrate requires, is satisfied that:
(a) a warrant in the terms of the application should be issued urgently; or
(b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant; the magistrate may complete and sign the same form of warrant as would be issued under section 111.

117 Formalities relating to warrants issued by telephone etc.
(1) If the magistrate decides to issue the warrant under section 116, the magistrate is to inform the applicant, by telephone, telex, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.
(2) The applicant must then complete a form of warrant in terms substantially corresponding to those given by the magistrate, stating on the form the name of the magistrate and the day on which and the time at which the warrant was signed.
(3) The applicant must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or send to the magistrate:
(a) the form of warrant completed by the applicant; and
(b) if the information referred to in subsection 116(3) was not sworn—that information duly sworn.
(4) The magistrate is to attach to the documents provided under subsection (3) the form of warrant completed by the magistrate.
(5) If:
(a) it is material, in any proceedings, for a court to be satisfied
that the exercise of a power under a warrant issued under section 116 was duly authorised; and
(b) the form of warrant signed by the magistrate is not produced in evidence; the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.

Division 2—Provisions relating to execution of search warrants

118 Availability of assistance and use of force in executing a warrant
In executing a search warrant:
(a) the executing officer may obtain such assistance; and
(b) the executing officer, or a person who is a police officer assisting in executing the warrant, may use such force against persons and things; and
(c) a person who is not a police officer and has been authorised to assist in executing the warrant may use such force against things;
as is necessary and reasonable in the circumstances.

119 Copy of warrant to be shown to occupier etc.
(1) If a search warrant in relation to premises is being executed and the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the executing officer or an officer assisting must make available to that person a copy of the warrant.
(2) If a search warrant in relation to a person is being executed, the executing officer or an officer assisting must make available to that person a copy of the warrant.
(3) If a person is searched under a search warrant in relation to premises, the executing officer or an officer assisting must show the person a copy of the warrant.
(4) The executing officer must identify himself or herself to the person at the premises or the person being searched.
(5) The copy of the warrant referred to in subsections (1), (2) and (3) need not include the signature of the magistrate who issued it or the seal of the relevant court.

120 Specific powers available to officers executing warrants
(1) In executing a search warrant in relation to premises, the executing officer or an officer assisting may:
(a) for a purpose incidental to execution of the warrant; or
(b) if the occupier of the warrant premises consents in writing;
take photographs (including video recordings) of the premises or of things at the premises.
(2) In executing a search warrant in relation to premises, the executing officer and the police officers assisting may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the warrant premises:
(a) for not more than one hour; or
(b) for a longer period if the occupier of the premises consents in writing.
(3) If:
(a) the execution of a search warrant is stopped by an order of a court; and
(b) the order is later revoked or reversed on appeal; and
(c) the warrant is still in force; the execution of the warrant may be completed.

121 Use of equipment to examine or process things
(1) The executing officer or an officer assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether the things may be seized under the warrant.
(2) If:
(a) it is not practicable to examine or process the things at the warrant premises; or
(b) the occupier of the premises consents in writing; the things may be moved to another place so that the examination or processing can be carried out in order to determine whether the things may be seized under the warrant.
(3) If things are moved to another place for the purpose of examination or processing under subsection (2), the executing officer must, if it is practicable to do so:
(a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and
(b) allow the occupier or his or her representative to be present during the examination or processing.
(4) The executing officer or an officer assisting may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it may be seized under the warrant if the executing officer or police officer assisting believes on reasonable grounds that:
(a) the equipment is suitable for the examination or processing; and
(b) the examination or processing can be carried out without damage to the equipment or thing.

122 Use of electronic equipment at premises
(1) The executing officer or an officer assisting may operate electronic equipment at the warrant premises to see whether evidential material is accessible by doing so if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
(2) If the executing officer or an officer assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:
(a) seize the equipment and any disk, tape or other associated device; or
(b) if the material can, by using facilities at the premises, be put in a documentary form—operate the facilities to put the material in that form and seize the documents so produced; or
(c) if the material can be transferred to a disk, tape or other storage device:
(i) that is brought to the premises; or
(ii) that is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;
operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.
(3) Equipment may be seized under paragraph (2)(a) only if:
(a) it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or
(b) possession by the occupier of the equipment could constitute an offence against an Australian law.
(4) If the executing officer or an officer assisting believes on reasonable grounds that:
(a) evidential material may be accessible by operating electronic equipment at the warrant premises; and
(b) expert assistance is required to operate the equipment; and
(c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.
(5) The executing officer or an officer assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.
(6) The equipment may be secured:
(a) for up to 24 hours; or
(b) until the equipment has been operated by the expert;
whichever happens first.
(7) If the executing officer or an officer assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the magistrate who issued the warrant for an extension of that period.
(8) The executing officer or an officer assisting must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.
(9) Division 1 applies, with such modifications as are necessary, to issuing an extension.

123 Compensation for damage to electronic equipment
(1) This section applies if:
(a) damage is caused to equipment as a result of it being operated as mentioned in section 121 or 122; or
(b) the data recorded on the equipment is damaged or programs associated with its use are damaged or corrupted;
because of:
(c) insufficient care being exercised in selecting the person who was to operate the equipment; or
(d) insufficient care being exercised by the person operating the equipment.
(2) The Commonwealth must pay to the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as they agree on.
(3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings against the Commonwealth in the Federal Court for such reasonable amount of compensation as the Court determines.
(4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the warrant premises or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.
(5) Compensation is payable out of money appropriated by the Parliament.
(6) For the purposes of subsection (1), damage to data includes damage by erasure of data or addition of other data.

124 Copies of seized things to be provided
(1) Subject to subsection (2), if an executing officer or officer assisting seizes, under a warrant in relation to premises:
(a) a document, film, computer file or other thing that can be readily copied; or
(b) a storage device the information in which can be readily copied;
the executing officer or officer assisting must, if requested to do so by the occupier of the warrant premises or another person who apparently represents the occupier and is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure.
(2) Subsection (1) does not apply if:
(a) the thing was seized under paragraph 122(2)(b) or (c); or
(b) possession by the occupier of the document, film, computer file, thing or information could constitute an offence against an Australian law.

125 Occupier entitled to be present during search
(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted.
(2) The right to observe the search being conducted ceases if the person impedes the search.
(3) This section does not prevent 2 or more areas of the premises being searched at the same time.

126 Receipts for things seized under warrant
(1) If a thing is seized under a warrant or moved under subsection 121(2), the executing officer or an officer assisting must provide a receipt for the thing.
(2) If 2 or more things are seized or removed, they may be covered in the one receipt.

Division 3—Stopping and searching conveyances

127 Searches without warrant in emergency situations
(1) This section applies if a police officer suspects, on reasonable grounds, that:
(a) evidential material is in or on a conveyance; and
(b) it is necessary to exercise a power under subsection (2) in order to prevent the material from being concealed, lost or destroyed; and
(c) it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.
(2) The police officer may:
(a) stop and detain the conveyance; and
(b) search the conveyance, and any container in or on the conveyance, for the material; and
(c) seize the material if he or she finds it there.
(3) If, in the course of searching for the material, the police officer finds other evidential material or a thing relevant to an offence against an Australian law, the police officer may seize that material or thing if he or she suspects, on reasonable grounds, that:
(a) it is necessary to seize it in order to prevent its concealment, loss or destruction; and
(b) it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.
(4) The police officer must exercise his or her powers subject to section 128.

128 How a police officer exercises a power to search without warrant
When a police officer exercises a power under section 127 in relation to a conveyance, he or she:
(a) may use such assistance as is necessary; and
(b) must search the conveyance in a public place or in some other place to which members of the public have ready access; and
(c) must not detain the conveyance for longer than is necessary and reasonable to search it and any container found in or on the conveyance; and
(d) may use such force as is necessary and reasonable in the circumstances, but must not damage the conveyance or any container found in or on the conveyance by forcing open a part of the conveyance or container unless:
(i) the person (if any) apparently in charge of the conveyance has been given a reasonable opportunity to open that part or container; or
(ii) it is not possible to give that person such an opportunity.

Part 6—Search, seizure and powers of arrest

Division 5—General

140 Retention of things seized
(1) If a police officer seizes a thing under this Part, he or she must deliver it into the custody and control of the Commissioner of Police of the Australian Federal Police.
(2) Subject to subsection (5), the Commissioner must:
(a) inform the Attorney-General that the thing has been so delivered; and
(b) retain the thing pending the Attorney-General’s direction under subsection (3) about how to deal with the thing; and
(c) comply with any such direction that the Attorney-General gives.
(3) The Attorney-General may, by written notice, give the Commissioner a direction about how to deal with the thing.
(4) Without limiting the directions that may be given, a direction may require the Commissioner to send the thing to the ICC.
(5) The Attorney-General must direct the Commissioner to return the thing if:
(a) the reason for its seizure no longer exists; or
(b) it is decided that the thing is not to be used in evidence by the ICC or in respect of criminal proceedings in Australia;
whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

141 Magistrate may permit a thing to be retained
(1) If a thing is seized under section 140 and:
(a) before the end of 60 days after the seizure; or
(b) before the end of a period previously specified in an order of a magistrate under this section;
proceedings in respect of which the thing may afford evidence have not commenced, the Commissioner of Police of the Australian Federal Police may apply to a magistrate for an order that he or she may retain the thing for a further period.
(2) If the magistrate is satisfied that it is necessary for the Commissioner to continue to retain the thing:
(a) for the purposes of an investigation as to whether an offence has been committed; or
(b) to enable evidence of an offence to be secured for the purposes of a prosecution;
the magistrate may order that the Commissioner may retain the thing for a period specified in the order.
(3) Before making the application, the Commissioner must:
(a) take reasonable steps to discover who has an interest in the retention of the thing; and
(b) if it is practicable to do so, notify each person who the Commissioner believes has such an interest that the application has been made.

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.

Part II—Assistance in relation to taking of evidence and production of documents or other articles
Division 2—Requests by foreign countries
13A Requests by foreign countries for provision of material lawfully obtained
(1) If:
(a) a foreign country (the requesting country) has commenced an investigation into, or proceedings in relation to, a serious offence against the laws of that country; and
(b) that foreign country requests the provision of material relevant to that investigation or those proceedings; and
(c) the Attorney General is satisfied that the material requested is:
(i) material lawfully obtained by an enforcement agency in Australia; and
(ii) material lawfully in the possession of that enforcement agency;
the Attorney General may, by writing in accordance with the approved form, authorise the provision of that material to the requesting country.
(2) The Attorney General may only authorise the provision to the requesting country of material specified in column 1 of the following table if the request relates to a serious offence against the laws of that country specified in column 2 of the table:

Offences for which provision of particular material may be authorised
Item Column 1 Column 2
1 material that is or includes protected information a serious offence punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty
2 material that is or includes lawfully accessed information or stored communications warrant information a serious offence punishable by a maximum penalty of:
(a) imprisonment for 3 years or more, imprisonment for life or the death penalty; or
(b) a fine of an amount that is at least equivalent to 900 penalty units
3 material that is or includes lawfully intercepted information or interception warrant information (a) a serious offence punishable by a maximum penalty of imprisonment for 7 years or more, imprisonment for life or the death penalty; or
(b) a cartel offence punishable by a maximum penalty of a fine of an amount that is at least equivalent to $10,000,000

Part IIIA—Assistance in relation to stored communications
15B Requests by foreign countries for stored communications
The Attorney General may, in his or her discretion, authorise the Australian Federal Police or a police force or police service of a State, in writing, to apply for a stored communications warrant under section 110 of the Telecommunications (Interception and Access) Act 1979 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) has commenced in the requesting country; and
(b) the offence to which the investigation, or investigative proceeding, relates is punishable by a maximum penalty of:
(i) imprisonment for 3 years or more, imprisonment for life or the death penalty; or
(ii) a fine of an amount that is at least equivalent to 900 penalty units; and
(c) there are reasonable grounds to believe that stored communications relevant to the investigation, or investigative proceeding, are held by a carrier; and
(d) the requesting country has requested the Attorney General to arrange for access to the stored communications.
Note: Information obtained under the warrant may only be communicated to the requesting country on certain conditions: see subsection 142A(1) of the Telecommunications (Interception and Access) Act 1979.

Part IIIBA—Assistance in relation to use of surveillance devices
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.

15CB Simplified outline of this Part
• If a foreign country requests the Attorney General to arrange for access to data held in a computer, the Attorney General may authorise an eligible law enforcement officer to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004.
• The authorisation relates to an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of the foreign country.
Note: See subsection 27A(4) of the Surveillance Devices Act 2004.
15CC Requests by foreign countries for assistance in relation to data held in computers
(1) The Attorney General may, in the Attorney General’s discretion, authorise an eligible law enforcement officer, in writing, to apply for a computer access warrant under section 27A 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 access to data held in a computer (the target computer); and
(c) the requesting country has given appropriate undertakings in relation to:
(i) ensuring that data obtained as a result of access under the warrant 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 data obtained as a result of access under the warrant; and
(iii) any other matter the Attorney General considers appropriate.

Part IV—Arrangements for persons to give evidence or assist investigations
Division 2—Requests by foreign countries
27 Requests for assistance in relation to investigations in foreign countries
(1) Where:
(a) an investigation relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the removal of a federal prisoner or a State prisoner who is in Australia (whether or not in custody) to the foreign country for the purpose of giving assistance in relation to the investigation;
(c) there are reasonable grounds to believe that the prisoner is capable of giving assistance in relation to the investigation; and
(d) the Attorney General is satisfied that:
(i) the prisoner has consented to being removed to the foreign country for the purpose of giving assistance in relation to the investigation; and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);
the Attorney General may, in his or her discretion:
(e) in a case where the prisoner is being held in custody:
(i) if the prisoner is a federal prisoner and is not also a State prisoner—direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give assistance in relation to the investigation;
(ii) if the prisoner is a federal prisoner and also a State prisoner—direct, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of travelling to the foreign country for the purpose of giving assistance in relation to the investigation; and
(iii) in any case, subject to the making or giving of any necessary directions or approvals in relation to the release of the prisoner—make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney General for the purpose; or
(f) in a case where the prisoner, having been released from custody on a parole or other order or licence to be at large, is not being held in custody:
(i) if the prisoner is a federal prisoner and is not also a State prisoner—approve the travel of the prisoner to the foreign country for the purpose of giving assistance in relation to the investigation and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large as may be required;
(ii) if the prisoner is a federal prisoner and also a State prisoner—subject to the obtaining of any approvals, authorities or permissions required to be obtained from an authority of the relevant State and the making of any necessary variations to the parole or other order or licence to be at large, approve the travel of the prisoner to the foreign country for the purpose of giving assistance in relation to the investigation and obtain such approvals, authorities, permissions or variations to the parole or other order or licence to be at large made or granted, as the case may be, under a law of the Commonwealth or of a Territory as may be required; and
(iii) in any case, subject to the obtaining of any necessary approvals, authorities, permissions or variations of the parole or other order or licence to be at large—make arrangements for the travel of the prisoner to the foreign country.
(2) Where:
(a) an investigation relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests that a person (not being a federal prisoner or a State prisoner) who is in Australia travel to the foreign country to give assistance in relation to the investigation;
(c) there are reasonable grounds to believe that the person is capable of giving assistance in relation to the investigation; and
(d) the Attorney General is satisfied that:
(i) the person has consented to travel to the foreign country for the purpose of giving assistance in relation to the investigation; and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3);
the Attorney General may, in his or her discretion, make arrangements for the travel of the person to the foreign country.
(3) The matters in relation to which undertakings are to be given by a foreign country for the purpose of a request that a person be removed to, or travel to, the foreign country for the purpose of giving assistance in relation to an investigation are:
(a) that the person shall not:
(i) be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from Australia;
(ii) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from Australia, being a civil suit to which the person could not be subjected if the person were not in the foreign country; or
(iii) be required to give evidence in any proceeding in the foreign country;
unless:
(iv) the person has left the foreign country; or
(v) the person has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving assistance in relation to the investigation to which the request relates;
(b) that the person will be returned to Australia in accordance with arrangements agreed by the Attorney General;
(c) in a case where the person is being held in custody in Australia and the Attorney General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country:
(i) the making of appropriate arrangements for that purpose;
(ii) that the person will not be released from custody in the foreign country unless the Attorney General notifies an appropriate authority of the foreign country that the person is entitled to be released from custody under Australian law; and
(iii) if the person is released in the foreign country as mentioned in subparagraph (ii)—that the person’s accommodation and expenses pending the completion of the investigation to which the request relates will be paid for by the foreign country; and
(d) such other matters (if any) as the Attorney General thinks appropriate.

Part VIIA—Search, seizure and powers of arrest
Division 2—Issue of search warrants
38B Application for search warrant
(1) This section applies if a police officer has been authorised under section 15 to apply for a search warrant in respect of evidential material relating to an investigation or proceeding in a foreign country that relates to a criminal matter involving a serious offence.
(2) If the police officer has reasonable grounds for suspecting that the evidential material:
(a) is on any particular premises; or
(b) will, within the applicable period, be on any particular premises;
the police officer may, by an information on oath or affirmation setting out the grounds for that suspicion, apply for a warrant to search those premises for the evidential material.
Note: For applicable period see subsection (4).
(3) If the police officer has reasonable grounds for suspecting that a person:
(a) is in possession of the evidential material; or
(b) will, within the applicable period, be in possession of the evidential material;
the police officer may, by an information on oath or affirmation setting out the grounds for that suspicion, apply for a warrant to search that person for the evidential material.
Note: For applicable period see subsection (4).