The Mutual Assistance in Criminal Matters Act 1987 (Cth) does not provide an exhaustive mechanism for seeking international assistance; s 6 makes clear it is not a code, and s 14 is permissive ('may request'), not mandatory. AFP officers conducting consensual searches abroad are not required to involve foreign police or seek mutual assistance. However, deliberately conveying misleading information to a person to obtain consent to search — specifically, telling them that neither they nor their family are under investigation when the police regard a family member as the principal suspect — constitutes an impropriety for the purposes of s 138. A person approached by police for the purpose of being questioned about a Commonwealth offence is a 'protected suspect' under s 23B(2) of the Crimes Act 1914 (Cth) from the moment of approach, even before formal questioning begins, and must be cautioned under s 23F(1).
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