Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (34 of 2018)

Schedule 1   Assistance to international courts and tribunals

Part 7   Forensic procedures

Crimes Act 1914

132   Subdivision A of Division 9A of Part ID

Repeal the Subdivision, substitute:

Subdivision A - Requests by foreign countries or international tribunals

23YQA Application of Subdivision

This Subdivision applies if:

(a) a request is made by a foreign country or an international tribunal (the requesting entity ) for a forensic procedure to be carried out on a person; and

(b) the Attorney-General authorises, under the authorising provision relating to the request, an authorised applicant to apply to a magistrate for the carrying out of the forensic procedure on the person.

23YQB Providing evidence and material resulting from the forensic procedure

(1) Any forensic evidence resulting from the forensic procedure must be provided to the requesting entity in accordance with a direction described in subsection (3).

(2) Material (or a copy) relating to the request that was made available to, or viewed by, a person under subsection 23YF(1) (about recordings) may only be provided to the requesting entity in accordance with a direction described in subsection (3).

(3) The direction is one given by the Attorney-General under the following provision:

(a) section 28C of the Mutual Assistance in Criminal Matters Act 1987, if the request was made by a foreign country;

(b) section 76B of the International Criminal Court Act 2002, if the request was made by the ICC;

(c) section 32C of the International War Crimes Tribunals Act 1995, if the request was made by a War Crimes Tribunal.

(4) This section does not limit the directions that can be given under that provision.