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 3   Telecommunications and surveillance devices

Division 2   Requests for use of surveillance devices

Mutual Assistance in Criminal Matters Act 1987

50   After Part IIIB

Insert:

Part IIIC - Assistance in relation to use of surveillance devices

15E Requests by Australia for surveillance devices

(1) This section applies if:

(a) an investigation in relation to an offence punishable by a maximum penalty of imprisonment for 3 years or more has commenced in Australia; and

(b) the use of a surveillance device (however described) is reasonably necessary for the purpose of obtaining information relevant to:

(i) the commission of the offence; or

(ii) the identity or location of the offenders.

(2) Australia may request an appropriate authority of a foreign country:

(a) to authorise the use of a surveillance device (however described), in accordance with the law of that country, to obtain the information referred to in paragraph (1)(b); and

(b) to arrange for any such information that has been obtained to be sent to Australia.

(3) Subsection (4) applies if:

(a) Australia makes a request under this section; and

(b) the foreign country obtains any information referred to in paragraph (1)(b) by means of a process authorised by the law of that country other than the use (as requested by Australia) of a surveillance device.

(4) The information obtained by the foreign country:

(a) is not inadmissible in evidence in a proceeding that relates to the investigation; or

(b) is not precluded from being used for the purposes of the investigation;

on the ground alone that it was obtained otherwise than in accordance with the request.

15F Requests by foreign countries for surveillance devices

(1) The Attorney-General may, in his or her discretion, authorise an eligible law enforcement officer, in writing, to apply for a surveillance device warrant under section 14 of the Surveillance Devices Act 2004 if the Attorney-General is satisfied that:

(a) an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the requesting country ) that is punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty has commenced in the requesting country; and

(b) the requesting country requests the Attorney-General to arrange for the use of a surveillance device; and

(c) the requesting country has given appropriate undertakings in relation to:

(i) ensuring that the information obtained as a result of the use of the surveillance device will only be used for the purpose for which it is communicated to the requesting country; and

(ii) the destruction of a document or other thing containing information obtained as a result of the use of the surveillance device; and

(iii) any other matter the Attorney-General considers appropriate.

(2) In this section:

eligible law enforcement officer means a person referred to in paragraph (a) or (c) of the definition of law enforcement officer set out in subsection 6(1) of the Surveillance Devices Act 2004.