Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A request by a foreign country for assistance under this Act shall be refused if, in the opinion of the Attorney-General:
(a) the request relates to the prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, a political offence; or
(b) there are substantial grounds for believing that the request has been made with a view to prosecuting or punishing a person for a political offence; or
(c) there are substantial grounds for believing that the request was made for the purpose of prosecuting, punishing or otherwise causing prejudice to a person on account of the person's race, sex, religion, nationality or political opinions; or
(d) the request relates to the prosecution or punishment of a person in respect of an act or omission that if it had occurred in Australia, would have constituted an offence under the military law of Australia but not also under the ordinary criminal law of Australia; or
(e) the granting of the request would prejudice the sovereignty, security or national interest of Australia or the essential interests of a State or Territory; or
(f) the request relates to the prosecution of a person for an offence in a case where the person has been acquitted or pardoned by a competent tribunal or authority in the foreign country, or has undergone the punishment provided by the law of that country, in respect of that offence or of another offence constituted by the same act or omission as that offence.
(1A) A request by a foreign country for assistance under this Act must be refused if it relates to the prosecution or punishment of a person charged with, or convicted of, an offence in respect of which the death penalty may be imposed in the foreign country, unless the Attorney-General is of the opinion, having regard to the special circumstances of the case, that the assistance requested should be granted.
(1B) A request by a foreign country for assistance under this Act may be refused if the Attorney-General:
(a) believes that the provision of the assistance may result in the death penalty being imposed on a person; and
(b) after taking into consideration the interests of international criminal co-operation, is of the opinion that in the circumstances of the case the request should not be granted.
(2) A request by a foreign country for assistance under this Act may be refused if, in the opinion of the Attorney-General:
(a) the request relates to the prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Australia, would not have constituted an offence against Australian law; or
(b) the request relates to the prosecution or punishment of a person in respect of an act or omission that occurred, or is alleged to have occurred, outside the foreign country and a similar act or omission occurring outside Australia in similar circumstances would not have constituted an offence against Australian law; or
(c) the request relates to the prosecution or punishment of a person in respect of an act or omission where, if it had occurred in Australia at the same time and had constituted an offence against Australian law, the person responsible could no longer be prosecuted by reason of lapse of time or any other reason; or
(d) the provision of the assistance could prejudice an investigation or proceeding in relation to a criminal matter in Australia; or
(e) the provision of the assistance would, or would be likely to, prejudice the safety of any person (whether in or outside Australia); or
(f) the provision of the assistance would impose an excessive burden on the resources of the Commonwealth or of a State or Territory; or
(g) it is appropriate, in all the circumstances of the case, that the assistance requested should not be granted.
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