Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 (7 of 2012)

Schedule 3   Amendments relating to providing mutual assistance in criminal matters

Part 1   Grounds of refusal

Mutual Assistance in Criminal Matters Act 1987

14   Paragraphs 8(2)(b) and (c)

Repeal the paragraphs, substitute:

(b) both of the following subparagraphs are satisfied:

(i) the request relates to a foreign order in relation to an offence;

(ii) an act or omission constituting the offence, had the act or omission occurred in Australia, would not have constituted an offence against Australian law at the time at which the request was received; or

(c) the request relates to the investigation, prosecution or punishment of a person for an offence in a case where:

(i) the person has been acquitted or pardoned by a competent tribunal or authority in the foreign country, or in Australia or another country; or

(ii) the person has undergone the punishment provided by the law of the foreign country, or of Australia or another country;

in respect of that offence or of another offence constituted by the same act or omission as that offence; or