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Mutual Assistance in Criminal Matters Act 1987

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I - PRELIMINARYSection 1. Short title 2. Commencement 3. Interpretation 4. Act to extend to external Territories 5. Object of Act 6. Act not to limit other provision of assistance 7. Application of Act 8. Refusal of assistance 9. Assistance may be provided subject to conditions 10. Requests by Australia 11. Request by foreign country PART II - ASSISTANCE IN RELATION TO TAKING OF EVIDENCE AND PRODUCTION OF DOCUMENTS OR OTHER ARTICLES 12. Requests by Austalia 13. Requests by foreign countries PART III - ASSISTANCE IN RELATION TO SEARCH AND SEIZURE 14. Requests by Australia for search and seizure 15. Requests by foreign countries for search and seizure PART IV - ARRANGEMENTS FOR PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS Division 1 - Requests by Australia 16. Requests for removal of certain persons to Australia 17. Arrangements between Attorney-General and State Ministers in relation to custody of certain persons 18. Custody of certain persons 19. Immunities 20. Status of person prosecuted for offence committed after departure from foreign country 21. Limitation on use of evidence given by certain persons 22. Conditions of imprisonment 23. Release of certain persons upon request by foreign country 24. Escaping 25. Arrest of person who has escaped from custody Division 2 - Requests by foreign countries 26. Requests for giving of evidence at hearings in foreign countries 27. Requests for assistance in relation to investigations in foreign countries 28. Effect of removal to foreign country on prisoner's term of imprisonment PART V - CUSTODY OF PERSONS IN TRANSIT 29. Transit 30. Escaping 31. Arrest of person in transit PART VI - PROCEEDS OF CRIME Division 1 - Requests by Australia 32. Requests for enforcement of orders 33. Requests for issue of orders in foreign countries Division 2 - Requests by foreign countries 34. Requests for enforcement of orders 35. Requests for search and seizure warrants in respect of tainted property 36. Requests for restraining orders 37. Requests for information gathering orders PART VII - SERVICE OF DOCUMENTS 38. Service of documents PART VIII - MISCELLANEOUS 39. Arrangements with States 40. Delegation 41. Jurisdiction of courts 42. Evidence 43. Authentication of documents 44. Regulations MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - LONG TITLE
An Act relating to the provision and obtaining of international assistance in criminal matters MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - PART I PART I - PRELIMINARY
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 1 Short title
(Assented to 5 June 1987) 1. This Act may be cited as the Mutual Assistance in Criminal Matters Act 1987. (Minister's second reading speech made in - House of Representatives on 30 April 1987 Senate on 29 May 1987)
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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 2 Commencement
2. (1) Section 1 and this section shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a day or days fixed by Proclamation.
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 3 Interpretation
3. (1) In this Act, unless the contrary intention appears: "ancillary offence" has the same meaning as in section 7 of the Proceeds of Crime Act; "approved form" means a form approved by the Attorney-General in writing for the purposes of the provision in which the expression occurs; "Australia", when used in a geographical sense, includes the external Territories; "Australian forfeiture order" means: (a) a forfeiture order within the meaning of the Proceeds of Crime Act; (b) an interstate forfeiture order within the meaning of the Proceeds of Crime Act; or (c) an order, made under Australian law, that: (i) orders the forfeiture of property in respect of an offence against Australian law; and (ii) is, in accordance with the regulations, to be taken to be an Australian forfeiture order for the purposes of this Act; "Australian law" means the laws of the Commonwealth, the States and the Territories; "Australian pecuniary penalty order" means: (a) a pecuniary penalty order within the meaning of the Proceeds of Crime Act; (b) an interstate pecuniary penalty order within the meaning of the Proceeds of Crime Act; or (c) an order, made under Australian law, that: (i) imposes a pecuniary penalty on a person in respect of an offence against Australian law; and (ii) is, in accordance with the regulations, to be taken to be an Australian pecuniary penalty order for the purposes of this Act; "Australian restraining order" means: (a) a restraining order within the meaning of the Proceeds of Crime Act (other than a restraining order made by virtue of section 59 of that Act); (b) an interstate restraining order within the meaning of the Proceeds of Crime Act; or (c) an order, made under Australian law, that: (i) restrains a particular person, or all persons, from dealing with property; and (ii) is, in accordance with the regulations, to be taken to be an Australian restraining order for the purposes of this Act; "committal proceeding", in relation to a foreign offence, includes: (a) any proceeding to determine whether a person should be tried for the offence (whether or not a particular person is specified at the commencement of that proceeding as the person in relation to whom the determination is to be made); and (b) a proceeding that is, in accordance with the regulations, to be taken to be a committal proceeding for the purposes of this Act; "criminal investigation" means an investigation into an offence (whether the offence is believed to have been committed, to be being committed or to be likely to be committed); "criminal matter" includes: (a) a criminal matter relating to revenue (including taxation and customs duties); (b) a criminal matter relating to foreign exchange control; (c) a matter relating to the forfeiture or confiscation of property in respect of an offence; (d) a matter relating to the imposition or recovery of a pecuniary penalty in repect of an offence; and (e) a matter relating to the restraining of dealings in property, or the freezing of assets, that may be forfeited or confiscated, or that may be needed to satisfy a pecuniary penalty imposed, in respect of an offence; whether arising under Australian law or a law of a foreign country; "criminal proceeding", in relation to an offence, means a trial of a person for the offence or a committal proceeding in respect of the offence; "DPP" means the Director of Public Prosecutions; "facsimile copy" means a copy obtained by facsimile transmission; "federal prisoner" means a person who is being held in custody pending trial for or sentence for, or is under a sentence of imprisonment for, an offence against a law of the Commonwealth or of a Territory, but does not include a person who is at large after having escaped from lawful custody; "financial institution" has the same meaning as in the Proceeds of Crime Act;
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"foreign forfeiture order" means an order, made under the law of a foreign country, for the forfeiture of property in respect of an offence against the law of that country; "foreign pecuniary penalty order" means an order, made under the law of a foreign country, imposing a pecuniary penalty in respect of an offence against the law of that country, but does not include an order for the payment of a sum of money by way of compensation, restitution or damages to an injured person; "foreign prisoner" means a person who is being held in custody pending trial for or sentence for, or is under a sentence of imprisonment for, an offence against a law of a foreign country, but does not include a person who is at large after having escaped from lawful custody; "foreign restraining order" means an order, made under the law of a foreign country, restraining a particular person, or all persons, from dealing with property, being an order made in respect of an offence against the law of that country; "foreign offence" means an offence against a law of a foreign country; "foreign serious offence" means a serious offence against a law of a foreign country; "Governor", in relation to the Northern Territory, means the Administrator of the Northern Territory; "Magistrate" means: (a) a Magistrate of a Territory; or (b) a Magistrate of a State in respect of whom an arrangement under section 39 is in force; "money laundering offence", in relation to the proceeds of a serious narcotics offence, means an offence involving: (a) the engaging, directly or indirectly, in a transaction that involves money, or other property, that is, within the meaning of the Proceeds of Crime Act, proceeds of the serious narcotics offence; or (b) the receiving, possessing, concealing, disposing of or bringing into a country of money, or other property, that is, within the meaning of the Proceeds of Crime Act, proceeds of the serious narcotics offence; "mutual assistance treaty" means a treaty relating in whole or in part to the provision of assistance in criminal matters; "offence" includes an offence against a law relating to taxation, customs duties or other revenue matters or relating to foreign exchange control; "offence under the ordinary criminal law of Australia" means an offence against Australian law other than an offence under the military law of Australia; "police officer" means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; "premises" includes: (a) a structure, building, aircraft, vehicle or vessel; (b) a place (whether enclosed or built upon or not); and (c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)); "prison" includes a gaol, lock-up or other place of detention; "proceeds" has the same meaning as in the Proceeds of Crime Act; "Proceeds of Crime Act" means the Proceeds of Crime Act 1987; "property" has the same meaning as in the Proceeds of Crime Act; "property-tracking document" has the same meaning as in the Proceeds of Crime Act; "serious narcotics offence" has the same meaning as in section 7 of the Proceeds of Crime Act; "serious offence" means an offence the maximum penalty for which is death, or imprisonment for not less than 12 months; "State" includes the Northern Territory; "State Minister", in relation to a State or the Northern Territory, means a Minister of the Crown of the State or a Minister of the Northern Territory, as the case may be; "State prisoner" means a person who is being held in custody pending trial for a sentence for, or under a sentence of imprisonment for, an offence against a law of a State, but does not include a person who is at large after having escaped from lawful custody; "tainted property" has the same meaning as in the Proceeds of Crime Act; "Territory" does not include the Northern Territory; "treaty" includes a convention, protocol, agreement or arrangement; "trial", in relation to a foreign offence, includes any proceeding to determine whether a person should be convicted of the offence. (2) For the purposes of this Act:
(a) a colony, territory or protectorate of a foreign country; (b) a territory for the international relations of which a foreign country is responsible; and (c) a ship or aircraft of, or registered in, a foreign country; shall, unless the contrary intention appears, be deemed to be part of that foreign country. (3) Subsection (2) does not apply to a colony, territory or protectorate that is itself a foreign country to which this Act applies.
(4) A reference in this Act to a law of a foreign country includes a
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reference to a law of a part of, or a law in force in a part of, the foreign country. (5) A reference in this Act to an Australian criminal offence is a reference to an offence against a law of the Commonwealth or of a Territory.
(6) Without prejudice to its effect by virtue of subsection (5), this Act has effect as if a reference in this Act to an Australian criminal offence included a reference to an offence against a law of a State.
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 4 Act to extend to external Territories
4. This Act extends to every external Territory.
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 5 Object of Act
5. The object of this Act is to facilitate the provision and obtaining by Australia of international assistance in criminal matters, including:
(a) the obtaining of evidence, documents or other articles; (b) the provision of documents and other records; (c) the location and identification of witnesses or suspects; (d) the execution of requests for search and seizure; (e) the making of arrangements for persons to give evidence or assist investigations; (f) the forfeiture or confiscation of property in respect of offences; (g) the recovery of pecuniary penalties in respect of offences; (h) the restraining of dealings in property, or the freezing of assets, that may be forfeited or confiscated, or that may be needed to satisfy pecuniary penalties imposed, in respect of offences; (j) the location of property that may be forfeited, or that may be needed to satisfy pecuniary penalties imposed, in respect of offences; and (k) the service of documents.