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 2   Video link evidence

Mutual Assistance in Criminal Matters Act 1987

23   Subsection 13(1)

Repeal the subsection, substitute:

(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.