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Mutual Assistance in Criminal Matters Act 1987
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Attorney-General's Department
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C2023C00229 C41
14 September 2023
-
27 March 2026
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Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Act to extend to external Territories
4A Application of the Criminal Code
5 Objects of the Act
6 Act not to limit other provision etc. of assistance
7 Application of Act
8 Refusal of assistance
9 Assistance may be provided subject to conditions
10 Request by Australia
11 Request by foreign country
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Part II—Assistance in relation to taking of evidence and production of documents or other articles
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Division 1—Requests by Australia
12 Requests by Australia
Division 2—Requests by foreign countries
13 Requests by foreign countries for the taking of evidence or the production of documents
13AA Enforcement of orders
13AB Commonwealth and State and Territory laws apply in relation to taking evidence and producing documents etc.
13A Requests by foreign countries for provision of material lawfully obtained
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Part III—Assistance in relation to search and seizure
14 Requests by Australia for search and seizure
15 Requests by foreign countries for search and seizure—action by Attorney General
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Part IIIA—Assistance in relation to stored communications
15B Requests by foreign countries for stored communications
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Part IIIBA—Assistance in relation to use of surveillance devices
15C Requests by Australia for surveillance devices
15CA Requests by foreign countries for surveillance devices
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Part IIIBB—Assistance in relation to data held in computers
15CB Simplified outline of this Part
15CC Requests by foreign countries for assistance in relation to data held in computers
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Part IIIB—Assistance in relation to telecommunications data
15D Requests by foreign countries for telecommunications data
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Part IV—Arrangements for persons to give evidence or assist investigations
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Division 1—Requests by Australia
16 Requests for removal of certain persons to Australia
17 Arrangements between Attorney General and State Ministers in relation to custody of certain persons
18 Custody of certain persons
19 Immunities
20 Status of person prosecuted for offence committed after departure from foreign country
21 Limitation on use of evidence or assistance given by certain persons
22 Conditions of imprisonment
23 Release of certain persons upon request by foreign country
25 Arrest of person who has escaped from custody
25A Aiding persons to escape etc.
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Division 2—Requests by foreign countries
26 Requests for giving of evidence at hearings in foreign countries
27 Requests for assistance in relation to investigations in foreign countries
28 Effect of removal to foreign country on prisoner’s term of imprisonment
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Part IVA—Forensic procedures
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Division 1—Requests by Australia
28A Requests by Australia for forensic procedures
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Division 2—Requests by foreign countries
28B Requests by foreign countries for forensic procedures
28C Providing forensic evidence to foreign countries
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Part V—Custody of persons in transit
29 Transit
31 Arrest of person in transit
31A Aiding persons to escape etc.
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Part VI—Proceeds of crime
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Division 1—Requests by Australia
32 Requests for enforcement of orders
33 Requests for issue of orders in foreign countries
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Division 2—Requests by foreign countries
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Subdivision A—Enforcement of foreign orders
33A Object of Subdivision
34 Requests for enforcement of foreign orders
34A Registration of foreign orders
34B Enforcement of foreign forfeiture orders
34C Effect on third parties of registration of foreign forfeiture orders
34D Enforcement of foreign pecuniary penalty orders
34E Enforcement of foreign restraining orders
34F Copies of foreign orders sent by fax, email or other electronic means
34G Cancelling registration
34H Certain provisions of the Proceeds of Crime Act not to apply
Subdivision B—Restraining orders relating to foreign criminal proceedings
34J Requests for restraining orders
34K Applying for and making restraining orders
34L Excluding property from restraining orders
34M Cessation of restraining orders
Subdivision C—Production orders relating to foreign serious offences
34P Applying for and making production orders
34Q Retaining produced documents
Subdivision D—Notices to financial institutions
34R Giving notices to financial institutions
34S Contents of notices to financial institutions
34T Protection from suits etc. for those complying with notices
34U Making false statements in applications
34V Disclosing existence or nature of notice
34W Failing to comply with a notice
Subdivision E—Monitoring orders relating to foreign serious offences
34Y Applying for and making monitoring orders
34Z Passing on information given under monitoring orders
Subdivision F—Search warrants relating to foreign serious offences
34ZB Applying for and issuing search warrants
34ZC Contents of POCA search warrants
34ZCA Seizure of certain property or things found in the course of search
34ZD Return of seized property to third parties
34ZE Dealing with certain seized property
34ZF Dealing with evidential material and certain property or things seized under POCA search warrants
Subdivision G—Authorisation of authorised officers
34ZG Attorney General may authorise authorised officers
Division 3—Provisions relating to registered foreign restraining orders
35 Court may order Official Trustee to take custody and control of property
35A Procedural matters
35B Ancillary orders
35C Dealing with restrained property
35D Money not to be paid into the Common Investment Fund
35E Undertakings
35F Order to discharge certain registered foreign pecuniary penalty orders
35G Official Trustee to carry out orders
35H Discharge of person’s liability under foreign pecuniary penalty order
35J Creation of charge on property
35K When the charge ceases to have effect
35L Registering charges
35M When order ceases to be in force
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Part VIIA—Search, seizure and powers of arrest
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Division 1—General
38A Object of Part
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Division 2—Issue of search warrants
38B Application for search warrant
38C When search warrants may be issued
38D Content of warrants
38E The things authorised by a search warrant in relation to premises
38F The things authorised by a search warrant in relation to a person
38G Restrictions on personal searches
38H Warrants may be issued by telephone etc.
38I Formalities relating to warrants issued by telephone etc.
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Division 3—Execution of search warrants
38J Availability of assistance and use of force in executing a warrant
38K Copy of warrant to be shown to occupier etc.
38L Specific powers available to officers executing warrants
38M Use of equipment to examine or process things
38N Use of electronic equipment at premises
38O Compensation for damage to electronic equipment
38P Copies of seized things to be provided
38Q Occupier entitled to watch search
38R Receipts for things seized under warrant etc.
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Division 4—Arrest and related matters
38S Power to enter premises to arrest person
38T Use of force in making arrest
38U Persons to be informed of grounds of arrest
38V Power to search an arrested person
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Division 5—General
38W Conduct of ordinary searches and frisk searches
38X Announcement before entry
38Y Offence for making false statements in warrants
38Z Offences relating to telephone warrants
38ZA Retention of things seized
38ZB Arrest of person released on bail
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Part VIII—Miscellaneous
38ZC Judges of the Federal Circuit and Family Court of Australia (Division 2)—consent to nomination
38ZD Magistrates and Judges of the Federal Circuit and Family Court of Australia (Division 2)—personal capacity
39 Arrangements with Governors of States
39A Requests by Attorney General on behalf of a defendant
39B Certificate by Attorney General if foreign country refuses request made under section 39A
40 Delegation
41 Jurisdiction of courts
42 Evidence
43 Authentication of documents
43A Admissibility of certain documents—requests under the Money Laundering Convention
43B Restriction on use of information etc.
43C Requests for international assistance not to be disclosed
43D Collection, use or disclosure of personal information for international assistance purposes—the Privacy Act 1988
44 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
