Requests for removal of certain persons to Australia
16 Requests for removal of certain persons to Australia
Where:
a proceeding relating to a criminal matter has commenced in Australia; and
a person who is in a foreign country:
is a foreign prisoner;
is capable of giving evidence relevant to the proceeding; and
has given his or her consent to being removed to Australia for the purpose of giving evidence in the proceeding;
Australia may request the foreign country to authorise the attendance of the person at a hearing in connection with the proceeding.
Where:
an investigation relating to a criminal matter has commenced in Australia; and
a person who is in a foreign country:
is a foreign prisoner;
is capable of giving assistance in relation to the investigation; and
has given his or her consent to being removed to Australia for the purposes of giving assistance in relation to the investigation;
Australia may request the foreign country to authorise the removal of the person to Australia for the purpose of giving assistance in relation to the investigation.
If a request is made under subsection (1) or (2), the Attorney‑General may make arrangements with an appropriate authority of the foreign country for the purposes of:
the removal of the person to Australia;
the custody of the person while in Australia;
the return of the person to the foreign country; and
other relevant matters.
This Act’s bill:Second reading speech
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