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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 19
Immunities
19. (1) Where a person is in Australia:
(a) pursuant to a request under section 16; or
(b) to give evidence in a proceeding, or to give assistance in relation to
an investigation, pursuant to a request made by or on behalf of the
Attorney-General (not being a request under section 16) for
international assistance in a criminal matter; the person, subject to
subsection (2), shall not:
(c) be detained, prosecuted or punished in Australia for any offence that
is alleged to have been committed, or that was committed, before the
person's departure from the foreign country pursuant to the request;
(d) be subjected to any civil suit in respect of any act or omission of
the person that is alleged to have occurred, or that occurred, before
the person's departure from the foreign country pursuant to the
request; or
(e) be required to give evidence in any proceeding in Australia other than
the proceeding to which the request relates (if any).
(2) Subsection (1) ceases to apply to a person if:
(a) the person has left Australia; or
(b) the person has had the opportunity of leaving Australia and has
remained in Australia otherwise than for:
(i) the purpose to which the request relates;
(ii) the purpose of giving evidence in a proceeding in Australia
certified by the Attorney-General, in writing, to be a
proceeding in which it is desirable that the person give
evidence; or
(iii) the purpose of giving assistance in relation to an
investigation in Australia certified by the Attorney-General,
in writing, to be an investigation in relation to which it is
desirable that the person give assistance.
(3) A certificate given by the Attorney-General for the purposes of
subparagraph (2) (b) (ii) or (iii) has effect from the day specified in the
certificate (which may be a day before the day on which the certificate is
given).
(4) This section binds the Crown in right of the Commonwealth, of each of the
States and of Norfolk Island.
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