Commonwealth Consolidated Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 12

             (1)  Australia may request the appropriate authority of a foreign country:

                     (a)  to arrange for:

                              (i)  evidence to be taken in the foreign country in accordance with the law of that country; or

                             (ii)  a document or other article in the foreign country to be produced in accordance with the law of that country;

                            for the purposes of a proceeding or investigation relating to a criminal matter in Australia; and

                     (b)  to arrange for the evidence, document or other article to be sent to Australia.

             (2)  To remove any doubt, it is stated that:

                     (a)  any evidence may be taken; or

                     (b)  any document or other article may be obtained;

in the foreign country even though, under Australian law:

                     (c)  the evidence could not have been taken; or

                     (d)  the document or other article could not have been obtained;

by using in the circumstances processes similar to those used in the foreign country.

             (3)  When making a request under subsection (1), Australia may also request that an opportunity be given for the person giving evidence, or producing the document or other article, to be examined or cross-examined, through a video link, from Australia by:

                     (a)  any party to the proceeding or that party's legal representative; or

                     (b)  any person being investigated or that person's legal representative.