Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 28A

  (1)   If:

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

  (b)   there are reasonable grounds to believe carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the proceeding;

Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in connection with the proceeding.

  (2)   If:

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

  (b)   carrying out a forensic procedure on a person in a foreign country may result in evidence relevant to the investigation;

Australia may request the foreign country to authorise the carrying out of a forensic procedure on the person for the purpose of giving assistance in relation to the investigation.

  (3)   To avoid doubt, Australia may request that a forensic procedure be carried out in the foreign country even if, under Australian law, the forensic procedure could not have been carried out by using processes similar to those used in the foreign country.

  (4)   Subsection   (5) applies if:

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

  (b)   the foreign country obtains any thing relevant to the proceeding or investigation by means of a process authorised by the law of that country other than the carrying out (as requested by Australia) of a forensic procedure on a particular person.

  (5)   The thing obtained by the foreign country:

  (a)   is not inadmissible in evidence in the proceeding; 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.