Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 12

  (1)   Australia may request the appropriate authority of a foreign country:

  (a)   to arrange for:

  (i)   evidence to be taken in the foreign country; or

  (ii)   a document or other article in the foreign country to be produced;

    for the purposes of a proceeding or investigation relating to a criminal matter in Australia; and

  (aa)   if subparagraph   (a)(i) applies--to arrange for a tape recording to be made of the evidence to be taken; and

  (b)   to arrange for the evidence (and if paragraph   (aa) applies, the tape recording or a copy of it), document or other article to be sent to Australia.

  (2)   To remove any doubt, it is stated that:

  (a)   any evidence may be taken; or

  (b)   any document or other article may be obtained;

in the foreign country even though, under Australian law:

  (c)   the evidence could not have been taken; or

  (d)   the document or other article could not have been obtained;

by using in the circumstances processes similar to those used in the foreign country.

  (3)   When making a request under subsection   (1), Australia may also request that an opportunity be given for the person giving evidence, or producing the document or other article, to be examined or cross - examined in person, or through a video link from Australia, by:

  (a)   any party to the proceeding or that party's legal representative; or

  (b)   any person being investigated or that person's legal representative.