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Mutual Assistance

In addition to mutual extradition agreements, Australia also has agreements to assist criminal investigations or seek international assistance with our own investigations.

The Mutual Assistance in Criminal Matters Act 1987 can allow:

  • arrangements for a witness to give evidence in a foreign country, or travel to Australia to give evidence in a criminal proceeding, or facilitate a witness’s assistance with investigations in a foreign country (ss 26, 27),
  • foreign countries to request search and seizure. The Attorney-General may authorise an Australian police officer to apply for a search warrant in the Magistrates’ Cour and, if granted, execute it if there is a reasonable belief that the thing is relevant to an investigation (s 38A),
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  • foreign countries to locate or recover proceeds of crimes,
  • Australia to exchange material in our custody to another law enforcement agency (s 15B), and
  • the execution of surveillance device warrants, either in Australia or in a foreign country (ss 15C, 15CA).