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 1 Provision of certain lawfully obtained material
Mutual Assistance in Criminal Matters Act 1987
39 Subsection 13A(2)
Repeal the subsection, substitute:
(2) The Attorney-General may only authorise the provision to the requesting country of material specified in column 1 of the following table if the request relates to a serious offence against the laws of that country specified in column 2 of the table:
|
Offences for which provision of particular material may be authorised |
||
|---|---|---|
|
Item |
Column 1 |
Column 2 |
|
1 |
material that is or includes protected information |
a serious offence punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty |
|
2 |
material that is or includes lawfully accessed information or stored communications warrant information |
a serious offence punishable by a maximum penalty of: (a) imprisonment for 3 years or more, imprisonment for life or the death penalty; or (b) a fine of an amount that is at least equivalent to 900 penalty units |
|
3 |
material that is or includes lawfully intercepted information or interception warrant information |
(a) a serious offence punishable by a maximum penalty of imprisonment for 7 years or more, imprisonment for life or the death penalty; or (b) a cartel offence punishable by a maximum penalty of a fine of an amount that is at least equivalent to $10,000,000 |
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