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

28   After subsection 13(2)

Insert:

(2A) However, a Magistrate may not make a ruling about the admissibility of evidence in a foreign proceeding.

(2B) If a Magistrate is taking evidence for live transmission by means of video link to a courtroom or other place in the requesting country, the Magistrate:

(a) may only exercise the powers mentioned in subparagraphs (2)(a)(ii), (iii) and (iv) at the request of the foreign court; and

(b) may, at the request of the foreign court, assist with the administering by the foreign court of an oath or affirmation; and

(c) may administer an oath or affirmation.

(2C) If a Magistrate takes evidence as mentioned in subparagraph (2)(a)(i) but not for live transmission by means of video link to a courtroom, or other place, in the requesting country, the Magistrate must:

(a) if the requesting country requests that a tape recording be made of the evidence taken - cause a tape recording to be made of the evidence, certify that the evidence on the tape recording was taken by the Magistrate and cause the tape recording, or a copy of it, to be sent to the Attorney-General; and

(b) in any other case - cause the evidence to be put in writing, certify that the evidence was taken by the Magistrate and cause the writing so certified to be sent to the Attorney-General.

(2D) If, in taking evidence as mentioned in paragraph (2)(a), a Magistrate requires the production of documents or other articles under subparagraph (2)(a)(v), the Magistrate must send the documents, or copies of the documents certified by the Magistrate to be true copies, or the other articles, to the Attorney-General.