Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 16

  (1)   Where:

  (a)   a proceeding relating to a criminal matter has commenced in Australia; and

  (b)   a person who is in a foreign country:

  (i)   is a foreign prisoner;

  (ii)   is capable of giving evidence relevant to the proceeding; and

  (iii)   has given his or her consent to being removed to Australia for the purpose of giving evidence in the proceeding;

Australia may request the foreign country to authorise the attendance of the person at a hearing in connection with the proceeding.

  (2)   Where:

  (a)   an investigation relating to a criminal matter has commenced in Australia; and

  (b)   a person who is in a foreign country:

  (i)   is a foreign prisoner;

  (ii)   is capable of giving assistance in relation to the investigation; and

  (iii)   has given his or her consent to being removed to Australia for the purposes of giving assistance in relation to the investigation;

Australia may request the foreign country to authorise the removal of the person to Australia for the purpose of giving assistance in relation to the investigation.

  (3)   If a request is made under subsection   (1) or (2), the Attorney - General may make arrangements with an appropriate authority of the foreign country for the purposes of:

  (a)   the removal of the person to Australia;

  (b)   the custody of the person while in Australia;

  (c)   the return of the person to the foreign country; and

  (d)   other relevant matters.