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DraftAs enacted

Part 2 · Amendment of Mutual Assistance in Criminal Matters Act 2000

8. Amendment of section 20

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In the MACMA, in section 20 —

(a)

in subsection (1), after “refused”, insert “by the Attorney‑General”;

(b)

in subsection (1)(e)(i), replace “competent court or other authority in that country” with “court or other competent authority of that country, and all rights of appeal against the conviction, acquittal or pardon have expired or are exhausted”;

(c)

in subsection (1)(h), insert “or” at the end;

(d)

in subsection (1), delete paragraphs (i) and (j); and

(e)

after subsection (2), insert —“(2A) A request by a foreign country for assistance to obtain any thing under section 22 or 23 or Division 6 must be refused by the Attorney‑General if the appropriate authority of that country —

(a)

fails to undertake that the thing will not be used for a matter other than the criminal matter in respect of which the request was made, except with the consent of the Attorney‑General; or

(b)

fails to undertake to do any of the following, upon conclusion of the criminal matter in respect of which the request was made, if the Attorney‑General so requests:

(i)

return the thing to the Attorney‑General;

(ii)

dispose of the thing;

(iii)

otherwise handle the thing in accordance with the Attorney‑General’s request.”.

Report

Part 3

Amendment of Trustees Act 1967

Part 4

Consequential Amendments to Other Acts and Saving and Transitional Provision