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COMMONWEALTHAct
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s 26

Attorney‑General may authorise taking of evidence etc

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Part 4Other forms of assistance to a Tribunal
Division 1Taking evidence etc.

26 Attorney‑General may authorise taking of evidence etc

(1)

This section applies if a Tribunal makes a request to the Attorney‑General that:

(a)

evidence be taken in Australia; or

(b)

documents or other articles in Australia be produced; for the purposes of a proceeding before, or an investigation conducted by, the Tribunal.

(2)

Subject to subsection (3), the Attorney‑General may comply with the request by authorising, by written notice in the statutory form:

(a)

the taking of evidence or production of documents or other articles; and

(b)

transmission of evidence, documents or other articles to the Tribunal.

(3)

The Attorney‑General must not comply with the request if, in his or her opinion:

(a)

complying with the request would prejudice Australia’s sovereignty, security or national interest; or

(b)

there are special circumstances justifying non‑compliance.

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