Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 15C

  (1)   This section applies if:

  (a)   an investigation in relation to an offence punishable by a maximum penalty of imprisonment for 3 years or more has commenced in Australia; and

  (b)   the use of a surveillance device (however described) is reasonably necessary for the purpose of obtaining information relevant to:

  (i)   the commission of the offence; or

  (ii)   the identity or location of the offenders.

  (2)   Australia may request an appropriate authority of a foreign country:

  (a)   to authorise the use of a surveillance device (however described), in accordance with the law of that country, to obtain the information referred to in paragraph   (1)(b); and

  (b)   to arrange for any such information that has been obtained to be sent to Australia.

  (3)   Subsection   (4) applies if:

  (a)   Australia makes a request under this section; and

  (b)   the foreign country obtains any information referred to in paragraph   (1)(b) by means of a process authorised by the law of that country other than the use (as requested by Australia) of a surveillance device.

  (4)   The information obtained by the foreign country:

  (a)   is not inadmissible in evidence in a proceeding that relates to the investigation; or

  (b)   is not precluded from being used for the purposes of the investigation;

on the ground alone that it was obtained otherwise than in accordance with the request.