The Mutual Assistance in Criminal Matters Act 1987 (Cth) is facilitative, not mandatory: it does not provide the exclusive mechanism for obtaining evidence from persons in foreign countries. Where foreign law enforcement officers or witnesses provide assistance voluntarily and no coercive powers are required, the MACM Act request procedure need not be invoked, and evidence so obtained is not rendered inadmissible by the failure to use the Act's procedures. The obtaining of a witness statement is separate from the formal 'taking' of evidence under s 12 of the Act.
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