Part 1—Preliminary

4 Definitions
evidence includes expert evidence.

evidential material means:
(a) in Subdivision F of Division 14 of Part 4—evidence relating to:
(i) property in relation to which a forfeiture order has been or could be made; or
(ii) property in relation to which a restraining order has been or could be made for the purposes of section 82; or
(iii) property of a person in relation to whom a pecuniary penalty order may be enforced as described in section 159; or
(iv) proceeds of a crime within the jurisdiction of the ICC;or
(v) benefits derived from the commission of a crime within the jurisdiction of the ICC; or
(b) otherwise—a thing relevant to a crime within the jurisdiction of the ICC, including such a thing in electronic form.

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

Division 3—Arrest of persons

27 Application for search warrants
(1) If:
(a) a person is arrested under a warrant issued under section 20 or 21; and
(b) a police officer has reasonable grounds for suspecting that evidential material relating to a crime within the jurisdiction of the ICC in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, at any premises; the police officer may, by an information on oath that sets out the grounds for the suspicion, apply for a search warrant in relation to the premises to search for that material.
(2) If:
(a) a person is arrested under a warrant issued under section 20 or 21; and
(b) a police officer has reasonable grounds for suspecting that evidential material relating to a crime within the jurisdiction of the ICC in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, in a person’s possession; the police officer may, by an information on oath that sets out the grounds for the suspicion, apply for a search warrant in relation to the person to search for the material.
(3) For the purposes of this section, 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.

Part 4—Other requests by ICC

Division 5—Taking evidence or producing documents or articles

64 Attorney-General may authorise taking of evidence or the production of documents or articles
(1) This section applies if:
(a) the ICC requests that:
(i) evidence be taken in Australia; or
(ii) documents or other articles in Australia be produced; and
(b) the Attorney-General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) there are reasonable grounds for believing that the evidence can be taken, or the documents or other articles can be produced, as the case may be, in Australia.
(2) The Attorney-General is to execute the request by authorising, in writing:
(a) the taking of evidence or production of documents or other articles; and
(b) the sending of evidence, documents or other articles to the ICC.

65 Taking of evidence
(1) If the Attorney-General authorises the taking of evidence, a magistrate:
(a) must give written notice to each person from whom evidence is to be taken stating that the authorisation has been given and setting out the date and time when, and the place where, the evidence is to be taken; and
(b) may take the evidence on oath from each witness appearing before the magistrate to give evidence in relation to the matter.
(2) Evidence from a witness may be taken by means of video or audio technology.
(3) A magistrate who takes any such evidence must:
(a) cause the evidence to be recorded in writing or in any other form that the magistrate considers to be appropriate in the circumstances; and
(b) certify that the evidence was taken by the magistrate; and
(c) cause the writing, or other record of the evidence, so certified to be sent to the Attorney-General.

Part 4—Other requests by ICC

Division 5—Taking evidence or producing documents or articles

67 Legal representation
(1) The evidence of a witness may be taken under section 65 in the presence or absence of:
(a) the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates; or
(b) his or her legal representative (if any).
(2) The magistrate conducting a proceeding under either section 65 or 66, or both, may permit:
(a) if the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates has been notified of the proceeding before the magistrate—that person; and
(b) any other person giving evidence or producing documents or other articles at the proceeding before the magistrate; and
(c) a representative of the Prosecutor or of the ICC; to have legal representation at the proceeding before the magistrate.

68 Form of certificates
A certificate by a magistrate under subsection 65(3) or 66(2) must 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 investigation conducted by the Prosecutor, or the proceeding before the ICC, 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).

69 Compellability of persons to attend etc.
(1) Subject to subsections (2) and (3), the laws of each State or Territory with respect to compelling persons:
(a) to attend before a magistrate; and
(b) to give evidence, answer questions, and produce documents or other articles;
on the hearing of a charge against a person for an offence against the law of that State or Territory apply, so far as they are capable of application, with respect to so compelling persons for the purposes of this Division.
(2) For the purposes of this Division, the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates, is competent but not compellable to give evidence.
(3) If:
(a) a person is required to give evidence, or produce documents or other articles, for the purposes of an investigation conducted by the Prosecutor or a proceeding before the ICC; and
(b) the person is not compellable to answer a particular question, or to produce a particular document or article, for the purposes of that investigation or proceeding; the person is not compellable to answer the question, or produce the document or article, for the purposes of this Division.

Part 4—Other requests by ICC

Division 10A—Forensic procedures

76A Authorising application for carrying out of forensic procedures
(1) The Attorney-General may authorise, in writing, a constable to apply under Part ID of the Crimes Act 1914 for an order for the carrying out of a forensic procedure on a person if:
(a) the ICC has requested the procedure to be carried out on the person; and
(b) the Attorney-General is satisfied:
(i) that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) that the person is, or is believed to be, in Australia; and
(iii) that the ICC has given appropriate undertakings about the retention, use and destruction of forensic material, or of information obtained from analysing that material; and
(iv) that the ICC has given any other undertakings that the Attorney-General considers necessary; and
(v) unless subsection (2) applies—that the person has been given an opportunity to consent to the forensic procedure and has not consented to it; and
(vi) if subsection (2) applies—of the matters in that subsection; and
(c) in the case of the person being a suspect, the constable is an authorised applicant.
(2) If the person is a child or an incapable person, the matters are:
(a) that either:
(i) the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or
(ii) a parent or guardian of the person is a suspect in relation to a crime or an offence to which the investigation or proceeding relates; and
(b) that, having regard to the best interests of the person, it is appropriate to make the authorisation.
(3) In this section: authorised applicant has the same meaning as in subsection 23WA(1) of the Crimes Act 1914. suspect has the same meaning as in subsection 23WA(1) of the Crimes Act 1914.

Part 4—Other requests by ICC

Division 11A—Stored communications

78A Authorising application for a stored communications warrant
The Attorney-General may authorise, in writing, the Australian Federal Police, or the police force or police service of a State, to apply for a stored communications warrant under section 110 of the Telecommunications (Interception and Access) Act 1979 if:
(a) the Attorney-General is satisfied that:
(i) an investigation is being conducted by the Prosecutor or a proceeding is before the ICC; and
(ii) there are reasonable grounds to believe that stored communications relevant to the investigation or proceeding are held by a carrier; and
(b) the ICC has requested the Attorney-General to arrange for access to the stored communications.

Part 4—Other requests by ICC

Division 12A—Requests for surveillance devices

79A Authorising applications for surveillance device warrants
(1) The Attorney-General may authorise, in writing, an eligible law enforcement officer to apply for a surveillance device warrant under section 14 of the Surveillance Devices Act 2004 if:
(a) the ICC has requested the Attorney-General to arrange for the use of a surveillance device; and
(b) the Attorney-General is satisfied that an investigation is being conducted by the Prosecutor, or a proceeding is before the ICC; and
(c) the Attorney-General is satisfied that the ICC has given appropriate undertakings for:
(i) ensuring that the information obtained as a result of the use of the device will only be used for the purpose for which it is communicated to the ICC; and
(ii) the destruction of a document or other thing containing information obtained as a result of the use of the device; and
(iii) any other matter the Attorney-General considers appropriate.
(2) An eligible law enforcement officer is a person mentioned in column 3 of table item 5 in subsection 6A(6), or column 3 of table item 5 in subsection 6A(7), of the Surveillance Devices Act 2004.

Division 12B—Requests for access to data held in computers

79B Authorising applications for computer access warrants
(1) The Attorney-General may authorise, in writing, an eligible law enforcement officer to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004 if:
(a) the ICC has requested the Attorney-General to arrange for the access to data held in a computer (the target computer); and
(b) the Attorney-General is satisfied that an investigation is being conducted by the Prosecutor, or a proceeding is before the ICC; and
(c) the Attorney-General is satisfied that the ICC has given appropriate undertakings for:
(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 ICC; 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.
(2) The target computer may be any one or more of the following:
(a) a particular computer;
(b) a computer on particular premises;
(c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).
(3) In this section:
computer has the same meaning as in the Surveillance Devices Act 2004.
data has the same meaning as in the Surveillance Devices Act 2004.
data held in a computer has the same meaning as in the Surveillance Devices Act 2004. eligible law enforcement officer means a person mentioned in column 3 of table item 5 in subsection 6A(6), or column 3 of table item 5 in subsection 6A(7), of the Surveillance Devices Act 2004.

Part 4—Other requests by ICC

Division 14—Identification, tracing, and freezing or seizure, of proceeds of crimes within the jurisdiction of the ICC

Subdivision D—Notices to financial institutions

88 Giving notices to financial institutions
(1) A senior police officer may give a written notice to a financial institution requiring the institution to provide to an authorised officer any information or documents relevant to any one or more of the following:
(a) determining whether an account is held by a specified person with the financial institution;
(b) determining whether a particular person is a signatory to an account;
(c) if a person holds an account with the institution, the current balance of the account;
(d) details of transactions on such an account over a specified period of up to 6 months;
(e) details of any related accounts (including names of those who hold those accounts);
(f) a transaction conducted by the financial institution on behalf of a specified person.
(2) The senior police officer must not issue the notice unless he or she reasonably believes that giving the notice is required:
(a) to determine whether to take any action under this Division,
or under the Proceeds of Crime Act in connection with the operation of this Division; or
(b) in relation to proceedings under this Division, or under the Proceeds of Crime Act in connection with the operation of this Division.
(3) A senior police officer is a person covered by paragraph 213(3)(a), (b) or (c) of the Proceeds of Crime Act.

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

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 1-2—Interpretation

5B Exempt proceedings

(1) A reference in this Act to an exempt proceeding is a reference to:
a proceeding by way of a prosecution for a prescribed offence; or
a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or

(ba) a proceeding under the Spam Act 2003; or

(bb) a proceeding under, or a proceeding relating to a matter arising under, Division 104 of the Criminal Code; or

(bc) a proceeding under, or a proceeding relating to a matter arising under, Division 105 of the Criminal Code, so far as the proceeding relates to a preventative detention order; or a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988, in so far as the proceeding relates to a prescribed offence; or

(ca) a proceeding under, or a proceeding relating to a matter arising under, an organised crime control law; or a proceeding for the extradition of a person from a State or Territory to another State or Territory, in so far as the proceeding relates to a prescribed offence; or

(da) a proceeding by way of a coroner’s inquest if, in the opinion of the coroner, the event that is the subject of the inquest may have resulted from the commission of a prescribed offence; or a police disciplinary proceeding; or

(ea) a proceeding in so far as it relates to: a decision by the Commissioner of Police to terminate the employment of an AFP employee or the appointment of a special member of the Australian Federal Police; or a decision by the Commissioner of a Police Force of a State to terminate the appointment of an officer or member of staff of that Police Force; or

(eb) a proceeding in so far as it is, or relates to, disciplinary or legal action (within the meaning of section 6S) that is in relation to an eligible staff member (within the meaning of that section) of the Australian Federal Police or the ACC; or any other proceeding (not being a proceeding by way of a prosecution for an offence) in so far as it relates to alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth or of a State; or a proceeding for the recovery of an amount due to a carrier in connection with the supply of a telecommunications service; a proceeding under section 13 of the Mutual Assistance in Criminal Matters Act 1987 in relation to a criminal matter (within the meaning of that Act) that concerns an offence, against the laws of the foreign country that made the request resulting in the proceeding, that is punishable by imprisonment for life or for a period, or maximum period, of at least 3 years; or


(haa) a proceeding under Division 5 of Part 4 of the International Criminal Court Act 2002; or

(hab) a proceeding before the International Criminal Court sitting in Australia under Part 5 of the International Criminal Court Act 2002; or

(ha) a proceeding of an eligible Commonwealth authority; or (hb) a proceeding of the Independent Commission Against Corruption; or

(hc) a proceeding of the Inspector of the Independent Commission Against Corruption; or

(hd) a proceeding in relation to an application under subsection 34B(1) of the Australian Crime Commission Act 2002 in respect of contempt of the Australian Crime Commission; or

(f) a proceeding of the IBAC; or

(iaa) a proceeding of the Victorian Inspectorate; or

(ia) a proceeding of the Corruption and Crime Commission; or

(ib) a proceeding of the Parliamentary Inspector of the Corruption and Crime Commission; or
a proceeding under Division 1 of Part 4 of the International War Crimes Tribunals Act 1995; or
a proceeding of the Police Integrity Commission; or

(ka) a proceeding of the Inspector of the Police Integrity
Commission; or

(kb) a proceeding of the Crime and Misconduct Commission; or (kc) a proceeding of the Independent Commissioner Against Corruption; or a proceeding by way of a bail application if the application relates to a proceeding by way of a prosecution for a prescribed offence; or a proceeding by way of review of a decision to refuse such a bail application; or a proceeding by way of a review of a decision to grant such a bail application.

Part 1-2—Interpretation

5B Exempt proceedings

(1) A reference in this Act to an exempt proceeding is a reference to:
a proceeding by way of a prosecution for a prescribed offence; or
a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or

(ba) a proceeding under the Spam Act 2003; or

(bb) a proceeding under, or a proceeding relating to a matter arising under, Division 104 of the Criminal Code; or

(bc) a proceeding under, or a proceeding relating to a matter arising under, Division 105 of the Criminal Code, so far as the proceeding relates to a preventative detention order; or a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988, in so far as the proceeding relates to a prescribed offence; or

(ca) a proceeding under, or a proceeding relating to a matter arising under, an organised crime control law; or a proceeding for the extradition of a person from a State or Territory to another State or Territory, in so far as the proceeding relates to a prescribed offence; or

(da) a proceeding by way of a coroner’s inquest if, in the opinion of the coroner, the event that is the subject of the inquest may have resulted from the commission of a prescribed offence; or a police disciplinary proceeding; or

(ea) a proceeding in so far as it relates to: a decision by the Commissioner of Police to terminate the employment of an AFP employee or the appointment of a special member of the Australian Federal Police; or a decision by the Commissioner of a Police Force of a State to terminate the appointment of an officer or member of staff of that Police Force; or

(eb) a proceeding in so far as it is, or relates to, disciplinary or legal action (within the meaning of section 6S) that is in relation to an eligible staff member (within the meaning of that section) of the Australian Federal Police or the ACC; or any other proceeding (not being a proceeding by way of a prosecution for an offence) in so far as it relates to alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth or of a State; or a proceeding for the recovery of an amount due to a carrier in connection with the supply of a telecommunications service; a proceeding under section 13 of the Mutual Assistance in Criminal Matters Act 1987 in relation to a criminal matter (within the meaning of that Act) that concerns an offence, against the laws of the foreign country that made the request resulting in the proceeding, that is punishable by imprisonment for life or for a period, or maximum period, of at least 3 years; or

(haa) a proceeding under Division 5 of Part 4 of the International Criminal Court Act 2002; or

(hab) a proceeding before the International Criminal Court sitting in Australia under Part 5 of the International Criminal Court Act 2002; or

(ha) a proceeding of an eligible Commonwealth authority; or (hb) a proceeding of the Independent Commission Against Corruption; or

(hc) a proceeding of the Inspector of the Independent Commission Against Corruption; or

(hd) a proceeding in relation to an application under subsection 34B(1) of the Australian Crime Commission Act 2002 in respect of contempt of the Australian Crime Commission; or

(f) a proceeding of the IBAC; or

(iaa) a proceeding of the Victorian Inspectorate; or

(ia) a proceeding of the Corruption and Crime Commission; or

(ib) a proceeding of the Parliamentary Inspector of the Corruption and Crime Commission; or
a proceeding under Division 1 of Part 4 of the International War Crimes Tribunals Act 1995; or
a proceeding of the Police Integrity Commission; or

(ka) a proceeding of the Inspector of the Police Integrity
Commission; or

(kb) a proceeding of the Crime and Misconduct Commission; or (kc) a proceeding of the Independent Commissioner Against Corruption; or a proceeding by way of a bail application if the application relates to a proceeding by way of a prosecution for a prescribed offence; or a proceeding by way of review of a decision to refuse such a bail application; or a proceeding by way of a review of a decision to grant such a bail application.

(2) Without limiting subsection (1), a reference in Chapter 3 to an exempt proceeding includes a reference to:

(a) a proceeding by way of a prosecution for an offence punishable:

(i) by imprisonment for a period, or a maximum period, of at least 12 months; or

(ii) by a fine, or a maximum fine, of at least 60 penalty units if the offence is committed by an individual; or

(iii) if the offence cannot be committed by an individual— by a fine, or a maximum fine, of at least 300 penalty units; or

(b) a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of such an offence; or

(c) a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988, in so far as the proceeding relates to such an offence; or

(d) a proceeding for the extradition of a person from a State or Territory to another State or Territory, in so far as the proceeding relates to such an offence; or

(e) a proceeding by way of a coroner’s inquest if, in the opinion of the coroner, the event that is the subject of the inquest may have resulted from the commission of such an offence; or

(f) a proceeding for recovery of a pecuniary penalty for a contravention that would, if proved, render the person committing the contravention liable to:

(i) a pecuniary penalty, or a maximum pecuniary penalty, of at least 60 penalty units if the contravention is committed by an individual; or

(ii) if the contravention cannot be committed by an individual—a pecuniary penalty, or a maximum pecuniary penalty, of at least 300 penalty units