Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 (7 of 2012)

Schedule 3   Amendments relating to providing mutual assistance in criminal matters

Part 4   Carrying out forensic procedures at the request of a foreign country etc.

Crimes Act 1914

103   After Division 9 of Part ID

Insert:

Division 9A - Carrying out forensic procedures at the request of a foreign jurisdiction

Subdivision A - Requests by foreign countries

23YQA Application of Subdivision

This Subdivision applies if:

(a) a request is made by a foreign country that a forensic procedure be carried out on a person; and

(b) the Attorney-General authorises, under the Mutual Assistance in Criminal Matters Act 1987, a constable to apply to a magistrate for the carrying out of the forensic procedure on the person.

Note: Under the Mutual Assistance in Criminal Matters Act 1987, the Attorney-General may only authorise a constable who is an authorised applicant.

23YQB Providing forensic evidence resulting from a forensic procedure

(1) If a forensic procedure is carried out on a person, the forensic evidence resulting from the procedure is to be provided to the foreign country concerned in accordance with a direction given by the Attorney-General under section 28C of the Mutual Assistance in Criminal Matters Act 1987.

(2) If an audio recording, a copy of it, or a copy of a transcript of a tape recording is made available to a person (as required by subsection 23YF(1)), a copy of the audio recording or the transcript, or both, as the case may be, may also be provided to the foreign country concerned, but only in accordance with a direction given by the Attorney-General under section 28C of the Mutual Assistance in Criminal Matters Act 1987.

(3) If:

(a) a video recording or a copy of it is made available to a person (as required by subsection 23YF(1)); or

(b) both an audio recording and a video recording are made and the person is given an opportunity to view the video recording (as required by subsection 23YF(1));

a copy of the video recording may also be provided to the foreign country concerned, but only in accordance with a direction given by the Attorney-General under section 28C of the Mutual Assistance in Criminal Matters Act 1987.

Subdivision B - Requests by a foreign law enforcement agency

23YQC Application of Subdivision

This Subdivision applies if a request is made by a foreign law enforcement agency that a forensic procedure be carried out on:

(a) a suspect in relation to a foreign serious offence who has given informed consent to the forensic procedure; or

(b) a volunteer.

23YQD Providing forensic material etc. to a foreign law enforcement agency

(1) The Commissioner may provide forensic evidence to a foreign law enforcement agency if the Commissioner is satisfied that:

(a) the foreign law enforcement agency has given appropriate undertakings in relation to the retention, use and destruction of the forensic evidence; and

(b) it is appropriate, in all the circumstances of the case, to do so.

(2) If forensic evidence is to be provided to the foreign law enforcement agency, a copy of the tape recording or the written record mentioned in section 23WL (suspects) or 23XWS (volunteers) may also be provided to the foreign law enforcement agency.

(3) If an audio recording, a copy of it, or a copy of a transcript of a tape recording is made available to a suspect or volunteer (as required by subsection 23YF(1)), a copy of the audio recording or the transcript, or both, as the case may be, may also be provided to the foreign law enforcement agency.

(4) If:

(a) a video recording or a copy of it is made available to a suspect or volunteer (as required by subsection 23YF(1)); or

(b) both an audio recording and a video recording are made and the suspect or volunteer is given an opportunity to view the video recording (as required by subsection 23YF(1));

a copy of the video recording may also be provided to the foreign law enforcement agency.