Commonwealth Numbered Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 13

13. (1) Where a request is made by a foreign country that:

   (a)  evidence be taken in Australia; or

   (b)  documents or other articles in Australia be produced; for the purposes
        of a proceeding in relation to a criminal matter in the foreign
        country, the Attorney-General may, in his or her discretion, by
        writing in accordance with the approved form, authorise the taking of
        the evidence or the production of the documents or other articles, and
        the transmission of the evidence, documents or other articles to the
        foreign country.

(2) Where the Attorney-General authorises the taking of evidence or the
production of documents or other articles under subsection (1):

   (a)  in the case of the taking of evidence - a Magistrate may take the
        evidence on oath of each witness appearing before the Magistrate to
        give evidence in relation to the matter, and a Magistrate who takes
        any such evidence shall:

        (i)    cause the evidence to be put in writing and certify that the
               evidence was taken by the Magistrate; and

        (ii)   cause the writing so certified to be sent to the
               Attorney-General; or

   (b)  in the case of the production of documents or other articles - a
        Magistrate may, subject to subsection (6), require the production of
        the documents or other articles and, where the documents or other
        articles are produced, the Magistrate shall send the documents, or
        copies of the documents certified by the Magistrate to be true copies,
        or the other articles, to the Attorney-General.

(3) The evidence of such a witness may be taken in the presence or absence of
the person to whom the proceeding in the foreign country relates or of his or
her legal representative (if any).

(4) The Magistrate conducting a proceeding under subsection (2) may permit:

   (a)  the person to whom the proceeding in the foreign country relates;

   (b)  any other person giving evidence or producing documents or other
        articles at the proceeding before the Magistrate; and

   (c)  the relevant authority of the foreign country; to have legal
        representation at the proceeding before the Magistrate.

(5) The certificate by the Magistrate under subsection (2) shall state
whether, when the evidence was taken or the documents or other articles were
produced, any of the following persons were present:

   (a)  the person to whom the proceeding in the foreign country relates or
        his or her legal representative (if any);

   (b)  any other person giving evidence or producing documents or other
        articles or his or her legal representative (if any).

(6) Subject to subsection (7), the laws of each State or Territory with
respect to the compelling of persons to attend before a Magistrate, and to
give evidence, answer questions and produce documents or other articles, upon
the hearing of a charge against a person for an offence against the law of
that State or Territory apply, so far as they are capable of application, with
respect to the compelling of persons to attend before a Magistrate, and to
give evidence, answer questions and produce documents or other articles, for
the purposes of this section.

(7) For the purposes of this section, the person to whom the proceeding in the
foreign country relates is competent but not compellable to give evidence.