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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 11 Request by foreign country

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 11

Request by foreign country

  (1)   A request by a foreign country for international assistance in a criminal matter may be made to the Attorney - General or a person authorised by the Attorney - General, in writing, to receive requests by foreign countries under this Act.

  (2)   A request must be in writing and must include or be accompanied by the following information:

  (a)   the name of the authority concerned with the criminal matter to which the request relates;

  (b)   a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;

  (c)   a description of the purpose of the request and of the nature of the assistance being sought;

  (d)   any information that may assist in giving effect to the request.

However, a failure to comply with this subsection is not a ground for refusing the request.

  (3)   Where a request by a foreign country is made to a person authorised under subsection   (1), the request shall be taken, for the purposes of this Act, to have been made to the Attorney - General.

  (4)   If a foreign country makes a request to a court in Australia for international assistance in a criminal matter:

  (a)   the court must refer the request to the Attorney - General; and

  (b)   the request is then taken, for the purposes of this Act, to have been made to the Attorney - General.