Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (34 of 2018)

Schedule 2   Amendments relating to mutual assistance in criminal matters

Part 3   Other amendments

Mutual Assistance in Criminal Matters Act 1987

39   At the end of section 34W

Add:

(2) Subsection (1) does not apply if:

(a) the person fails to comply with the notice only because the person does not provide information or a document within the period specified in the notice; and

(b) the person took all reasonable steps to provide the information or document within that period; and

(c) the person provides the information or document as soon as practicable after the end of that period.

Note 1: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Note 2: Sections 137.1 and 137.2 of the Criminal Code also create offences for providing false or misleading information or documents.