Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2), the Attorney - General may make arrangements for the travel to a foreign country of a person who is in Australia if:
(a) a Tribunal makes a request to the Attorney - General for the attendance of the person:
(i) at a hearing in the foreign country in connection with a proceeding before the Tribunal; or
(ii) in the foreign country to assist an investigation being conducted by the Tribunal; and
(b) the person is not a prisoner; and
(c) there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist the investigation; and
(d) the Attorney - General is satisfied that the person has consented to giving evidence or assisting in the foreign country; and
(e) the Attorney - General is satisfied that the Tribunal has given, to the extent (if any) required by the Attorney - General, an adequate (whether or not unqualified) undertaking that the person will be returned to Australia in accordance with arrangements agreed to by the Attorney - General.
(2) The Attorney - General must not comply with the request if, in his or her opinion:
(a) complying with the request would prejudice Australia's sovereignty, security or national interest; or
(b) there are special circumstances justifying non - compliance.