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

11   Subsection 8(1A)

Repeal the subsection, substitute:

(1A) A request by a foreign country for assistance under this Act must be refused if:

(a) the request relates to the investigation, prosecution or punishment of:

(i) a person arrested or detained on suspicion of having committed an offence; or

(ii) a person charged with, or convicted of, an offence; and

(b) the offence is one in respect of which the death penalty may be imposed in the foreign country;

unless the Attorney-General is of the opinion, having regard to the special circumstances of the case, that the assistance requested should be granted.