Commonwealth Numbered Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 8

8. (1) A request by a foreign country for assistance under this Act shall be
refused if, in the opinion of the Attorney-General:

   (a)  the request relates to the prosecution or punishment of a person for
        an offence that is, or is by reason of the circumstances in which it
        is alleged to have been committed or was committed, an offence of a
        political character;

   (b)  there are substantial grounds for believing that the request has been
        made with a view to prosecuting or punishing a person for an offence
        of a political character;

   (c)  there are substantial grounds for believing that the request was made
        for the purpose of prosecuting, punishing or otherwise causing
        prejudice to a person on account of the person's race, sex, religion,
        nationality or political opinions;

   (d)  the request relates to the prosecution or punishment of a person in
        respect of an act or omission that if it had occurred in Australia,
        would have constituted an offence under the military law of Australia
        but not also under the ordinary criminal law of Australia;

   (e)  the granting of the request would prejudice the sovereignty, security
        or national interest of Australia or the essential interests of a
        State or Territory;

   (f)  the request relates to the prosecution of a person for an offence in a
        case where the person has been acquitted or pardoned by a competent
        tribunal or authority in the foreign country, or has undergone the
        punishment provided by the law of that country, in respect of that
        offence or of another offence constituted by the same act or omission
        as that offence; or

   (g)  except in the case of a request under section 13 - the foreign country
        is not a country to which this Act applies.

(2) A request by a foreign country for assistance under this Act may be
refused if, in the opinion of the Attorney-General:

   (a)  the request relates to the prosecution or punishment of a person in
        respect of an act or omission that, if it had occurred in Australia,
        would not have constituted an offence against Australia law;

   (b)  the request relates to the prosecution or punishment of a person in
        respect of an act or omission that occurred, or is alleged to have
        occurred, outside the foreign country and a similar act or omission
        occurring outside Australia in similar circumstances would not have
        constituted an offence against Australian law;

   (c)  the request relates to the prosecution or punishment of a person in
        respect of an act or omission where, if it had occurred in Australia
        at the same time and had constituted an offence against
        Australian law, the person responsible could no longer be prosecuted
        by reason of lapse of time or any other reason;

   (d)  the provision of the assistance could prejudice an investigation or
        proceeding in relation to a criminal matter in Australia;

   (e)  the provision of the assistance would, or would be likely to,
        prejudice the safety of any person (whether in or outside Australia);
        or

   (f)  the provision of the assistance would impose an excessive burden on
        the resources of the Commonwealth or of a State or Territory.