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

32   After section 13

Insert:

13AA Enforcement of orders

(1) If a Magistrate is conducting a proceeding under subsection 13(2) and makes an order relating to the conduct of the proceeding, the order must be complied with.

(2) If the Magistrate is a Federal Magistrate, subject to the Rules of Court made under the Federal Magistrates Act 1999, the order may be enforced as if the order were an order of the Federal Magistrates Court.

(3) In any other case, subject to the rules of the court of which the Magistrate is a member, the order may be enforced as if the order were an order of that court.

13AB Commonwealth and State and Territory laws apply in relation to taking evidence and producing documents etc.

(1) Subject to subsection (2), the following laws apply, so far as they are capable of application, for the purposes of a proceeding under section 13 in a State or Territory:

(a) laws of the Commonwealth with respect to the compelling of persons to attend before a Federal Magistrate;

(b) laws of the Commonwealth with respect to giving evidence, answering questions and producing documents or other articles before a Federal Magistrate;

(c) laws of a State or Territory with respect to the compelling of persons to attend before a Magistrate (other than a Federal Magistrate);

(d) laws of that State or Territory with respect to giving evidence, answering questions and producing documents or other articles before a Magistrate (other than a Federal Magistrate).

(2) For the purposes of section 13:

(a) the person to whom the proceeding in the requesting country relates is competent but not compellable to give evidence; and

(b) a person who is required to give evidence, or produce documents or other articles, for the purposes of a proceeding in relation to a criminal matter in the requesting country or another foreign country, is not compellable to answer a question, or produce a document or article, that the person is not compellable to answer or produce, as the case may be, in the proceeding in that country.

(3) Paragraph (2)(b) does not apply if its application would be inconsistent with a provision of a mutual assistance treaty between Australia and the requesting country concerned.

(4) A duly authenticated foreign law immunity certificate is admissible in proceedings under section 13 as prima facie evidence of the matters stated in the certificate.