Part II—Assistance in relation to taking of evidence and production of documents or other articles
Division 2—Requests by foreign countries
13 Requests by foreign countries for the taking of evidence or the production of documents
(1) This section applies if a foreign country (the requesting country) requests:
(a) any of the following:
(i) that evidence be taken in Australia;
(ii) that evidence be taken in Australia and a tape recording be made of the evidence taken;
(iii) that evidence be taken in Australia for live transmission by means of video link to a courtroom or other place in the requesting country; or
(b) that documents or other articles in Australia be produced;
for the purposes of a proceeding in relation to a criminal matter in that country or another foreign country (the foreign proceeding).
(1A) The Attorney General may, by writing in accordance with the approved form, authorise:
(a) the taking of the evidence and its transmission to the requesting country; or
(b) the production of the documents or other articles and their transmission to the requesting country.
(2) If the Attorney General gives an authorisation under subsection (1A):
(a) in the case of the taking of evidence—a Magistrate or eligible Federal Circuit Court Judge may do all or any of the following:
(i) take evidence on oath or affirmation of the witness appearing before the Magistrate or Judge to give evidence in relation to the matter;
(ii) direct that all or part of the proceeding be conducted in private;
(iii) require a person to leave the place in Australia where the giving of evidence is taking place or going to take place;
(iv) prohibit or restrict the publication of evidence given in the proceeding or of the name of a party to, or a witness in, the foreign proceeding;
(v) subject to subsection 13AB(1), require the production of documents or other articles;
(vi) take such action as the Magistrate or Judge considers appropriate to facilitate the foreign proceeding;
(vii) perform any other function required by the regulations; or
(b) in the case of the production of documents or other articles—a Magistrate or eligible Federal Circuit Court Judge may, subject to subsection 13AB(1), require the production of the documents or other articles and, where the documents or other articles are produced, a Magistrate or eligible Federal Circuit Court Judge must send the documents, or copies of the documents certified by that Magistrate or Judge to be true copies, or the other articles, to the Attorney General.
Note 1: Subparagraph (2)(a)(i)—see also subsection (2C).
Note 2: Subparagraphs (2)(a)(ii), (iii) and (iv)—see also subsection (2B).
(2A) However, a Magistrate or eligible Federal Circuit Court Judge may not make a ruling about the admissibility of evidence in a foreign proceeding.
(2B) If a Magistrate or eligible Federal Circuit Court Judge is taking evidence for live transmission by means of video link to a courtroom or other place in the requesting country, the Magistrate or Judge:
(a) may only exercise the powers mentioned in subparagraphs (2)(a)(ii), (iii) and (iv) at the request of the foreign court; and
(b) may, at the request of the foreign court, assist with the administering by the foreign court of an oath or affirmation; and
(c) may administer an oath or affirmation.
(2C) If a Magistrate or eligible Federal Circuit Court Judge takes evidence as mentioned in subparagraph (2)(a)(i) but not for live transmission by means of video link to a courtroom, or other place, in the requesting country, the Magistrate or Judge must:
(a) if the requesting country requests that a tape recording be made of the evidence taken—cause a tape recording to be made of the evidence, certify that the evidence on the tape recording was taken by the Magistrate or Judge and cause the tape recording, or a copy of it, to be sent to the Attorney General; and
(b) in any other case—cause the evidence to be put in writing, certify that the evidence was taken by the Magistrate or Judge and cause the writing so certified to be sent to the Attorney General.
(2D) If, in taking evidence as mentioned in paragraph (2)(a), a Magistrate or eligible Federal Circuit Court Judge requires the production of documents or other articles under subparagraph (2)(a)(v), a Magistrate or eligible Federal Circuit Court Judge must send the documents, or copies of the documents certified by that Magistrate or Judge to be true copies, or the other articles, to the Attorney General.
(3) The evidence of such a witness may be taken in the presence or absence of the person to whom the proceeding in the requesting country relates or of his or her legal representative (if any).
(4) The Magistrate or eligible Federal Circuit Court Judge conducting a proceeding under subsection (2) may permit:
(a) the person to whom the proceeding in the requesting country relates;
(b) any other person giving evidence or producing documents or other articles at the proceeding before the Magistrate or Judge; and
(c) the relevant authority of the requesting country;
to have legal representation at the proceeding before the Magistrate or Judge.
(4A) If the requesting country has so requested, the Magistrate or eligible Federal Circuit Court Judge conducting a proceeding under subsection (2) may permit:
(a) any person to whom the proceeding in the requesting country relates or that person’s legal representative; or
(b) the legal representative of the relevant authority of the requesting country;
to examine or cross examine in person, or through a video link from the requesting country, any person giving evidence or producing a document or other article, at the proceeding.
(4B) For the purposes of Part III of the Crimes Act 1914:
(a) the proceeding before the Magistrate or eligible Federal Circuit Court Judge is a judicial proceeding; and
(b) evidence taken from a witness on oath or affirmation is testimony given in a judicial proceeding.
(5) The certificate by the Magistrate or eligible Federal Circuit Court Judge under subsection (2) shall state whether, when the evidence was taken or the documents or other articles were produced, any of the following persons were present:
(a) the person to whom the proceeding in the requesting country relates or his or her legal representative (if any);
(b) any other person giving evidence or producing documents or other articles or his or her legal representative (if any).

Part II—Assistance in relation to taking of evidence and production of documents or other articles
Division 2—Requests by foreign countries
13AA Enforcement of orders
(1) If a Magistrate or eligible Federal Circuit Court Judge is conducting a proceeding under subsection 13(2) and makes an order relating to the conduct of the proceeding, the order must be complied with.
(2) In the case of an eligible Federal Circuit Court Judge, subject to the Rules of Court made under the Federal Circuit Court of Australia Act 1999, the order may be enforced as if the order were an order of the Federal Circuit Court of Australia.
(3) In any other case, subject to the rules of the court of which the Magistrate is a member, the order may be enforced as if the order were an order of that court.

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 III—Assistance in relation to search and seizure
15 Requests by foreign countries for search and seizure—action by Attorney General
Where:
(a) a proceeding or investigation relating to a criminal matter involving a serious offence has commenced in a foreign country;
(b) there are reasonable grounds to believe that evidential material relating to the investigation or proceeding is located in Australia; and
(c) the foreign country requests the Attorney General to arrange for the evidential material to be obtained;
the Attorney General may, in his or her discretion, authorise a police officer, in writing, to apply to a Magistrate or eligible Federal Circuit Court Judge for one or more search warrants in respect of the evidential material.
Note: Divisions 2 and 3 of Part VIIA make provision relating to applications for, and the issue and execution of, search warrants requested by foreign countries.

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 IV—Arrangements for persons to give evidence or assist investigations
Division 1—Requests by Australia
23 Release of certain persons upon request by foreign country
Where:
(a) a person is being held in custody in accordance with a direction of the Attorney General under section 18; and
(b) the foreign country from which the person has been brought requests the release of the person from custody;
the Attorney General shall direct that the person be released from custody.

Part IV—Arrangements for persons to give evidence or assist investigations
Division 2—Requests by foreign countries
26 Requests for giving of evidence at hearings in foreign countries
(1) Where:
(a) a proceeding relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the attendance at a hearing in connection with the proceeding of a federal prisoner or a State prisoner who is in Australia (whether or not in custody);
(c) there are reasonable grounds to believe that the prisoner is capable of giving evidence relevant to the proceeding; and
(d) the Attorney General is satisfied that:
(i) the prisoner has consented to giving evidence in the foreign country; 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 evidence at the proceeding;
(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 to give evidence at the proceeding; 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 to give evidence at the proceeding 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 to give evidence at the proceeding 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) a proceeding relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the attendance at a hearing in connection with the proceeding of a person (not being a federal prisoner or a State prisoner) who is in Australia;
(c) there are reasonable grounds to believe that the person is capable of giving evidence relevant to the proceeding; and
(d) the Attorney General is satisfied that:
(i) the person has consented to giving evidence in the foreign country; 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 give evidence in the foreign country 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 other than the proceeding to which the request relates;
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 evidence in the proceeding to which the request relates;
(b) that any evidence given by the person in the proceeding to which the request relates will be inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against a law of the foreign country other than the offence of perjury in relation to the giving of that evidence;
(c) that the person will be returned to Australia in accordance with arrangements agreed by the Attorney General;
(d) 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 proceeding to which the request relates will be paid for by the foreign country; and
(e) such other matters (if any) as the Attorney General thinks 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 IVA—Forensic procedures
Division 1—Requests by Australia
28A Requests by Australia for forensic procedures
(1) If:
(a) a proceeding relating to a criminal matter has commenced in Australia; and
(b) there are reasonable grounds to believe carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the proceeding;
Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in connection with the proceeding.
(2) If:
(a) an investigation relating to a criminal matter has commenced in Australia; and
(b) carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the investigation;
Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in relation to the investigation.
(3) To avoid doubt, Australia may request that a forensic procedure be carried out in the foreign country even if, under Australian law, the forensic procedure could not have been carried out by using processes similar to those used in the foreign country.
(4) Subsection (5) applies if:
(a) Australia makes a request under this section; and
(b) the foreign country obtains any thing relevant to the proceeding or investigation by means of a process authorised by the law of that country other than the carrying out (as requested by Australia) of a forensic procedure on a particular person.
(5) The thing obtained by the foreign country:
(a) is not inadmissible in evidence in the proceeding; 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.

Part IVA—Forensic procedures
Division 2—Requests by foreign countries
28B Requests by foreign countries for forensic procedures
(1) If a foreign country requests that a forensic procedure be carried out on a person, the Attorney General may authorise a constable to apply, in accordance with Part ID of the Crimes Act 1914, to a magistrate for an order for the carrying out of the forensic procedure on the person, so long as, if the person is a suspect within the meaning of subsection 23WA(1) of that Act, the constable is an authorised applicant within the meaning of that subsection.
(2) The Attorney General must not authorise a constable under subsection (1) unless the Attorney General is satisfied of the following matters:
(a) a request has been made by a foreign country that a forensic procedure be carried out on a person;
(b) unless the person is a child or an incapable person—the foreign country has:
(i) started investigating whether the person has committed a foreign serious offence against its laws; or
(ii) started proceedings against the person for a foreign serious offence;
(c) the person is, or is believed to be, in Australia;
(d) the foreign country has given:
(i) appropriate undertakings in relation to the retention, use and destruction of forensic material, or of information obtained from analysis of that forensic material; and
(ii) any other undertakings that the Attorney General considers necessary;
(e) unless the person is a child or an incapable person—the person has been given an opportunity to consent to the forensic procedure and has not consented to it;
(f) if the person is a child or an incapable person, the matters specified in subsection (3).
(3) If the person is a child or an incapable person, the Attorney General must:
(a) be satisfied that either of the following applies:
(i) the consent of the parent or guardian cannot reasonably be obtained or has been withdrawn;
(ii) the parent or guardian is a suspect in relation to the foreign serious offence; and
(b) believe that, having regard to the best interests of the child or incapable person, it is appropriate to make the authorisation.

Part VI—Proceeds of crime
Division 1—Requests by Australia
32 Requests for enforcement of orders
Australia may request an appropriate authority of a foreign country to make arrangements for the enforcement of:
(a) an Australian forfeiture order against property that is believed to be located in that country;
(b) an Australian pecuniary penalty order, or an Australian literary proceeds order, where some or all of the property available to satisfy the order is believed to be located in that country; or
(c) an Australian restraining order against property that is believed to be located in that country;
if the order was made in respect of a serious offence.

33 Requests for issue of orders in foreign countries
Where a criminal proceeding or criminal investigation has commenced in Australia in relation to a serious offence, Australia may request an appropriate authority of a foreign country to obtain the issue, in respect of the offence, of a warrant, order or other instrument similar in nature to any of the following warrants and orders under the Proceeds of Crime Act:
(b) a restraining order;
(c) a production order;
(d) a search warrant;
(e) a monitoring order.

Part VI—Proceeds of crime
Division 2—Requests by foreign countries
Subdivision A—Enforcement of foreign orders
34E Enforcement of foreign restraining orders
(1) A foreign restraining order registered in a court under this Subdivision has effect, and may be enforced, as if it were a restraining order that:
(a) was made by the court under the Proceeds of Crime Act at the time of the registration; and
(b) directed that the property specified in the order is not to be disposed of or otherwise dealt with by any person.
(2) In particular:
(a) section 288 of that Act applies as if:
(i) the reference in that section to the Official Trustee’s exercise of powers under that Act included a reference to the Official Trustee’s exercise of those powers in relation to a foreign restraining order so registered; and
(ii) the reference in that section to the Official Trustee’s performance of functions or duties under that Act included a reference to the Official Trustee’s performance of those functions or duties in relation to such a foreign restraining order; and
(b) section 289 of that Act applies as if the reference in that section to controlled property included a reference to property that is subject to an order under section 35; and
(c) section 290 of that Act applies as if the reference in that section to the controlled property were a reference to the property that is subject to an order under section 35.
(3) Divisions 1, 2 and 3 of Part 2 1, section 33, Divisions 5 and 6 of Part 2 1 and sections 142, 143, 169, 170 and 282 to 287 of the Proceeds of Crime Act do not apply in relation to a foreign restraining order registered under this Subdivision.
Note: Division 3 of this Part contains further provisions relating to registered foreign restraining orders.

Part VIIA—Search, seizure and powers of arrest
Division 1—General
38A Object of Part
This Part makes provision:
(a) for the issue and execution in Australia, at the request of a foreign country, of a search warrant in respect of evidential material in Australia relating to an investigation or proceeding in the foreign country that relates to a criminal matter involving a serious offence; and
(b) for matters relating to the arrest of a person when the arrest has been authorised by this Act or by a warrant issued under the regulations.