Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Act to extend to external Territories  
   4A.     Application of the Criminal Code  
   5.      Objects of the Act  
   6.      Act not to limit other provision etc. of assistance  
   7.      Application of Act  
   8.      Refusal of assistance  
   9.      Assistance may be provided subject to conditions  
   10.     Request by Australia  
   11.     Request by foreign country  

   PART II--ASSISTANCE--IN RELATION TO TAKING OF EVIDENCE AND PRODUCTION OF DOCUMENTS OR OTHER ARTICLES

           Division 1--Requests by Australia

   12.     Requests by Australia  

           Division 2--Requests by foreign countries

   13.     Requests by foreign countries for the taking of evidence or the production of documents  
   13AA.   Enforcement of orders  
   13AB.   Commonwealth and State and Territory laws apply in relation to taking evidence and producing documents etc.  
   13A.    Requests by foreign countries for provision of material lawfully obtained  

   PART III--ASSISTANCE--IN RELATION TO SEARCH AND SEIZURE

   14.     Requests by Australia for search and seizure  
   15.     Requests by foreign countries for search and seizure--action by Attorney - General  

   PART IIIA--ASSISTANCE--IN RELATION TO STORED COMMUNICATIONS

   15B.    Requests by foreign countries for stored communications  

   PART IIIBA--ASSISTANCE--IN RELATION TO USE OF SURVEILLANCE DEVICES

   15C.    Requests by Australia for surveillance devices  
   15CA.   Requests by foreign countries for surveillance devices  

   PART IIIBB--ASSISTANCE--IN RELATION TO DATA HELD IN COMPUTERS

   15CB.   Simplified outline of this Part  
   15CC.   Requests by foreign countries for assistance in relation to data held in computers  

   PART IIIB--ASSISTANCE--IN RELATION TO TELECOMMUNICATIONS DATA

   15D.    Requests by foreign countries for telecommunications data  

   PART IV--ARRANGEMENTS--FOR PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS

           Division 1--Requests by Australia

   16.     Requests for removal of certain persons to Australia  
   17.     Arrangements between Attorney - General and State Ministers in relation to custody of certain persons  
   18.     Custody of certain persons  
   19.     Immunities  
   20.     Status of person prosecuted for offence committed after departure from foreign country  
   21.     Limitation on use of evidence or assistance given by certain persons  
   22.     Conditions of imprisonment  
   23.     Release of certain persons upon request by foreign country  
   25.     Arrest of person who has escaped from custody  
   25A.    Aiding persons to escape etc.  

           Division 2--Requests by foreign countries

   26.     Requests for giving of evidence at hearings in foreign countries  
   27.     Requests for assistance in relation to investigations in foreign countries  
   28.     Effect of removal to foreign country on prisoner's term of imprisonment  

   PART IVA--FORENSIC--PROCEDURES

           Division 1--Requests by Australia

   28A.    Requests by Australia for forensic procedures  

           Division 2--Requests by foreign countries

   28B.    Requests by foreign countries for forensic procedures  
   28C.    Providing forensic evidence to foreign countries  

   PART V--CUSTODY--OF PERSONS IN TRANSIT

   29.     Transit  
   31.     Arrest of person in transit  
   31A.    Aiding persons to escape etc.  

   PART VI--PROCEEDS--OF CRIME

           Division 1--Requests by Australia

   32.     Requests for enforcement of orders  
   33.     Requests for issue of orders in foreign countries  

           Division 2--Requests by foreign countries

              Subdivision A--Enforcement of foreign orders

   33A.    Object of Subdivision  
   34.     Requests for enforcement of foreign orders  
   34A.    Registration of foreign orders  
   34B.    Enforcement of foreign forfeiture orders  
   34C.    Effect on third parties of registration of foreign forfeiture orders  
   34D.    Enforcement of foreign pecuniary penalty orders  
   34E.    Enforcement of foreign restraining orders  
   34F.    Copies of foreign orders sent by fax, email or other electronic means  
   34G.    Cancelling registration  
   34H.    Certain provisions of the Proceeds of Crime Act not to apply  

              Subdivision B--Restraining orders relating to foreign criminal proceedings

   34J.    Requests for restraining orders  
   34K.    Applying for and making restraining orders  
   34L.    Excluding property from restraining orders  
   34M.    Cessation of restraining orders  

              Subdivision C--Production orders relating to foreign serious offences

   34P.    Applying for and making production orders  
   34Q.    Retaining produced documents  

              Subdivision D--Notices to financial institutions

   34R.    Giving notices to financial institutions  
   34S.    Contents of notices to financial institutions  
   34T.    Protection from suits etc. for those complying with notices  
   34U.    Making false statements in applications  
   34V.    Disclosing existence or nature of notice  
   34W.    Failing to comply with a notice  

              Subdivision E--Monitoring orders relating to foreign serious offences

   34Y.    Applying for and making monitoring orders  
   34Z.    Passing on information given under monitoring orders  

              Subdivision F--Search warrants relating to foreign serious offences

   34ZB.   Applying for and issuing search warrants  
   34ZC.   Contents of POCA search warrants  
   34ZCA.  Seizure of certain property or things found in the course of search  
   34ZD.   Return of seized property to third parties  
   34ZE.   Dealing with certain seized property  
   34ZF.   Dealing with evidential material and certain property or things seized under POCA search warrants  

              Subdivision G--Authorisation of authorised officers

   34ZG.   Attorney - General may authorise authorised officers  

           Division 3--Provisions relating to registered foreign restraining orders

   35.     Court may order Official Trustee to take custody and control of property  
   35A.    Procedural matters  
   35B.    Ancillary orders  
   35C.    Dealing with restrained property  
   35D.    Money not to be paid into the Common Investment Fund  
   35E.    Undertakings  
   35F.    Order to discharge certain registered foreign pecuniary penalty orders  
   35G.    Official Trustee to carry out orders  
   35H.    Discharge of person's liability under foreign pecuniary penalty order  
   35J.    Creation of charge on property  
   35K.    When the charge ceases to have effect  
   35L.    Registering charges  
   35M.    When order ceases to be in force  

   PART VIIA--SEARCH--, SEIZURE AND POWERS OF ARREST

           Division 1--General

   38A.    Object of Part  

           Division 2--Issue of search warrants

   38B.    Application for search warrant  
   38C.    When search warrants may be issued  
   38D.    Content of warrants  
   38E.    The things authorised by a search warrant in relation to premises  
   38F.    The things authorised by a search warrant in relation to a person  
   38G.    Restrictions on personal searches  
   38H.    Warrants may be issued by telephone etc.  
   38I.    Formalities relating to warrants issued by telephone etc.  

           Division 3--Execution of search warrants

   38J.    Availability of assistance and use of force in executing a warrant  
   38K.    Copy of warrant to be shown to occupier etc.  
   38L.    Specific powers available to officers executing warrants  
   38M.    Use of equipment to examine or process things  
   38N.    Use of electronic equipment at premises  
   38O.    Compensation for damage to electronic equipment  
   38P.    Copies of seized things to be provided  
   38Q.    Occupier entitled to watch search  
   38R.    Receipts for things seized under warrant etc.  

           Division 4--Arrest and related matters

   38S.    Power to enter premises to arrest person  
   38T.    Use of force in making arrest  
   38U.    Persons to be informed of grounds of arrest  
   38V.    Power to search an arrested person  

           Division 5--General

   38W.    Conduct of ordinary searches and frisk searches  
   38X.    Announcement before entry  
   38Y.    Offence for making false statements in warrants  
   38Z.    Offences relating to telephone warrants  
   38ZA.   Retention of things seized  
   38ZB.   Arrest of person released on bail  

   PART VIII--MISCELLANEOUS

   38ZC.   Judges of the Federal Circuit and Family Court of Australia (Division 2)--consent to nomination  
   38ZD.   Magistrates and Judges of the Federal Circuit and Family Court of Australia (Division 2)--personal capacity  
   39.     Arrangements with Governors of States  
   39A.    Requests by Attorney - General on behalf of a defendant  
   39B.    Certificate by Attorney - General if foreign country refuses request made under section 39A  
   40.     Delegation  
   41.     Jurisdiction of courts  
   42.     Evidence  
   43.     Authentication of documents  
   43A.    Admissibility of certain documents--requests under the Money - Laundering Convention  
   43B.    Restriction on use of information etc.  
   43C.    Requests for international assistance not to be disclosed  
   43D.    Collection, use or disclosure of personal information for international assistance purposes--the Privacy Act 1988  
   44.     Regulations