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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 43B Restriction on use of information etc.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 43B

Restriction on use of information etc.

  (1)   If, as a result of a request made by the Attorney - General under this Act, any material (whether it is evidence, a document, an article or a thing) has been sent to Australia by a foreign country for the purposes of a proceeding or investigation in relation to a criminal matter, the material is not to be used intentionally for any other purpose without the approval of the Attorney - General.

  (2)   The material is inadmissible in evidence in any proceeding other than the proceeding in respect of which it was obtained unless the Attorney - General has approved its use for the purposes of that other proceeding.

  (3)   Any information, document, article or thing obtained directly or indirectly from a person by making use of the material:

  (a)   otherwise than for the purposes of the proceeding or investigation in respect of which it was obtained; and

  (b)   without the approval of the Attorney - General;

is inadmissible in evidence in any other proceeding and may not be used for the purposes of any other investigation.

  (4)   Any person who contravenes subsection   (1) commits an offence punishable, on conviction, by a term of imprisonment not exceeding 2 years.

Note:   Subsection   4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

  (5)   For the purposes of this section, disclosure of any material is taken to be a use of that material.