MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 13AB Commonwealth and State and Territory laws apply in relation to taking evidence and producing documents etc.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 13AB

  (1)   Subject to subsection   (2), the following laws apply, so far as they are capable of application, for the purposes of a proceeding under section   13 in a State or Territory:

  (a)   laws of the Commonwealth with respect to the compelling of persons to attend before an eligible Judge;

  (b)   laws of the Commonwealth with respect to giving evidence, answering questions and producing documents or other articles before an eligible Judge;

  (c)   laws of a State or Territory with respect to the compelling of persons to attend before a Magistrate;

  (d)   laws of that State or Territory with respect to giving evidence, answering questions and producing documents or other articles before a Magistrate.

  (2)   For the purposes of section   13:

  (a)   the person to whom the proceeding in the requesting country relates is competent but not compellable to give evidence; and

  (b)   a person who is required to give evidence, or produce documents or other articles, for the purposes of a proceeding in relation to a criminal matter in the requesting country or another foreign country, is not compellable to answer a question, or produce a document or article, that the person is not compellable to answer or produce, as the case may be, in the proceeding in that country.

  (3)   Paragraph   (2)(b) does not apply if its application would be inconsistent with a provision of a mutual assistance treaty between Australia and the requesting country concerned.

  (4)   A duly authenticated foreign law immunity certificate is admissible in proceedings under section   13 as prima facie evidence of the matters stated in the certificate.