Commonwealth: International War Crimes Tribunals Act 1995 (Cth)

International War Crimes Tribunals Act 1995 No. 18, 1995 Compilation No. 16 Compilation date: 9 December 2018 Includes amendments up to: Act No. 148, 2018 Registered: 12 December 2018 About this compilation This compilation This is a compilation of the International War Crimes Tribunals Act 1995 that shows the text of the law as amended and in force on 9 December 2018 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 The objects of this Act 4 Definitions 5 Some Territories to be regarded as States 6 External Territories 6A Application of the Criminal Code Part 2—Requests by a Tribunal for assistance 7 Tribunal may request assistance 8 Form of requests Part 3—Surrender of persons to a Tribunal Division 1—Arrest of persons 9 Notice by Attorney‑General 10 Issue of warrants 11 Cancellation of warrants 12 Remand 13 Release from remand on the Attorney‑General's direction 14 Release from remand after certain periods 15 Application for search warrants Division 2—Surrender of persons 16 Surrender determination by Attorney‑General 17 Release from remand on refusal to surrender the person 18 Surrender warrants 19 Persons imprisoned under Australian law 20 Detention following surrender warrants 21 Content of surrender warrants 22 Execution of surrender warrants 23 Release from remand 24 Effect of surrender to Tribunal on person's terms of imprisonment 25 Expiry of Australian sentences while under Tribunal detention Part 4—Other forms of assistance to a Tribunal Division 1AA—Providing law enforcement agency material 25A Authorising provision of material obtained by law enforcement agencies Division 1—Taking evidence etc. 26 Attorney‑General may authorise taking of evidence etc. 27 Taking of evidence 28 Producing documents or other articles 29 Legal representation 30 Form of certificates 31 Compellability of persons to attend etc. 32 Tribunal immunity certificates Division 1A—Requests for surveillance devices 32A Authorising applications for surveillance device warrants Division 1AB—Requests for access to data held in computers 32AA Authorising applications for computer access warrants Division 1B—Forensic procedures 32B Authorising application for carrying out of forensic procedures 32C Providing forensic evidence to the Tribunal Division 2—Search and seizure 33 Attorney‑General may authorise applications for search warrants 34 Applications for search warrants Division 2A—Stored communications 34A Authorising application for a stored communications warrant Division 2B—Prospective telecommunications data 34B Authorising an authorisation for the disclosure of prospective telecommunications data Division 3—Giving evidence at hearings, or assisting in investigations, in foreign countries 35 Persons giving evidence or assisting (other than prisoners) 36 Prisoners giving evidence or assisting 37 Undertakings relating to prisoners 38 Effect of removal to foreign country on prisoners' terms of imprisonment Division 4—Custody of persons in transit 39 Transit Division 5—Service of process 40 Service of process Division 6—Identification, tracing, and freezing or seizure, of proceeds of Tribunal offences Subdivision A—Preliminary 40AA Application of Division 40AB Authorising applications under the Proceeds of Crime Act 2002 Subdivision B—Restraining orders 40AC Applying for and making restraining orders 40AD Excluding property from restraining orders 40AE When restraining order ceases to be in force Subdivision C—Production orders relating to Tribunal offences 40AF Applying for and making production orders 40AG Retaining produced documents Subdivision D—Notices to financial institutions 40AH Giving notices to financial institutions 40AI Contents of notices to financial institutions 40AJ Protection from suits etc. for those complying with notices 40AK Making false statements in applications 40AL Disclosing existence or nature of notice 40AM Failing to comply with a notice Subdivision E—Monitoring orders relating to Tribunal offences 40AN Applying for and making monitoring orders 40AO Passing on information given under monitoring orders Subdivision F—Search warrants relating to proceeds of crime and evidential material 40AP Applying for and issuing search warrants 40AQ Contents of POCA search warrants 40AR Seizure of certain property or things found in the course of search 40AS Return of seized property to third parties 40AT Dealing with certain seized property 40AU Dealing with evidential material and certain property or things seized under POCA search warrants Part 5—Sittings of a Tribunal in Australia 41 Tribunal sittings in Australia 42 Tribunal's powers while sitting in Australia 43 Contravention of Tribunal orders etc. Part 6—Forfeiture of proceeds of Tribunal offences 44 Requests for enforcement of forfeiture orders 45 Registration of order 46 Effect of order 46A Effect on third parties of registration of forfeiture orders Part 7—Search, seizure and powers of arrest Division 1—Search warrants 47 When search warrants can be issued 48 Content of warrants 49 The things authorised by a search warrant in relation to premises 50 The things authorised by a search warrant in relation to a person 51 Restrictions on personal searches 52 Warrants may be issued by telephone etc. 53 Formalities relating to warrants issued by telephone etc. Division 2—Provisions relating to execution of search warrants 54 Availability of assistance and use of force in executing a warrant 55 Copy of warrant to be shown to occupier etc. 56 Specific powers available to officers executing warrants 57 Use of equipment to examine or process things 58 Use of electronic equipment at premises 59 Compensation for damage to electronic equipment 60 Copies of seized things to be provided 61 Occupier entitled to be present during search 62 Receipts for things seized under warrant Division 3—Stopping and searching conveyances 63 Searches without warrant in emergency situations 64 How a police officer exercises a power under section 63 Division 4—Arrest and related matters 65 Power to enter premises to arrest person 66 Use of force in making arrest 67 Persons to be informed of grounds of arrest 68 Power to conduct a frisk search of an arrested person 69 Power to conduct an ordinary search of an arrested person 70 Power to conduct search of arrested person's premises 71 Power to conduct an ordinary search or strip search 72 Rules for conduct of strip search Division 5—General 73 Conduct of ordinary searches and frisk searches 74 Announcement before entry 75 Offence for making false statements in warrants 76 Offences relating to telephone warrants 77 Retention of things seized Part 8—Miscellaneous 78 Arrest of persons escaping from custody 79 Arrest of person released on bail 80 Aiding persons to escape etc. 81 Legal assistance 82 Arrangements with States 83 Delegation 84 Act not to limit other provision of assistance 85 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes An Act to provide for the Commonwealth to help the International War Crimes Tribunals perform their functions, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the International War Crimes Tribunals Act 1995. 2 Commencement (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision of this Act does not commence under subsection (2) within 6 months after the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. 3 The objects of this Act The objects of this Act are to enable the Commonwealth to co‑operate with a Tribunal in the investigation and prosecution of persons accused of committing Tribunal offences, and, in particular: (a) to enable the Tribunal to make requests for assistance (see Part 2); and (b) to provide for persons accused of Tribunal offences to be surrendered to the Tribunal (see Part 3); and (c) to provide the Tribunal with other forms of assistance in the investigation and prosecution of Tribunal offences (see Part 4); and (d) to enable the Tribunal to sit in Australia (see Part 5); and (e) to enable forfeiture orders of the Tribunal to be enforced (see Part 6). 4 Definitions In this Act, unless the contrary intention appears: account has the same meaning as in the Proceeds of Crime Act 2002. agent has the same meaning as in the Proceeds of Crime Act 2002. Australia, when used in a geographical sense, includes the external Territories. Australian law means a law of the Commonwealth, a State or a Territory. authorised officer has the same meaning as in the Proceeds of Crime Act 2002. carrier has the same meaning as in the Telecommunications (Interception and Access) Act 1979 (other than Part 5‑4 or 5‑4A of that Act). child has the same meaning as in Part ID of the Crimes Act 1914. communication has the same meaning as in the Telecommunications (Interception and Access) Act 1979. constable has the same meaning as in the Crimes Act 1914. defendant has the meaning given by section 40AA. eligible law enforcement officer has the meaning given by subsection 32A(2). enforcement agency has the same meaning as in the Proceeds of Crime Act 2002. evidential material means: (a) in Subdivision F of Division 6 of Part 4—evidence relating to: (i) property in relation to which a forfeiture order has been or could be made; or (ii) property in relation to which a restraining order has been or could be made for the purposes of section 40AC; or (iii) proceeds of a Tribunal offence; or (b) otherwise—a thing relevant to a Tribunal offence, including such a thing in electronic form. executing officer, in relation to a warrant, means: (a) the police officer named in the warrant, by the magistrate who issued the warrant, as being responsible for executing the warrant; or (b) if that police officer does not intend to be present at the execution of the warrant‑another police officer whose name has been written in the warrant by the police officer so named; or (c) another police officer whose name has been written in the warrant by the police officer last named in the warrant. federal prisoner means a person who: (a) is being held in custody pending: (i) trial for; or (ii) a committal hearing or a summary hearing in relation to; or (iii) sentencing for; an offence against a law of the Commonwealth or of a Territory; or (b) is under a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory, or is otherwise subject to detention under a law of the Commonwealth or of a Territory; but does not include a person who is at large after having escaped from lawful custody. financial institution has the same meaning as in the Proceeds of Crime Act 2002. forensic evidence has the same meaning as in Part ID of the Crimes Act 1914. forensic material has the same meaning as in Part ID of the Crimes Act 1914. forensic procedure has the same meaning as in Part ID of the Crimes Act 1914. forfeiture order means: (a) an order made by a Tribunal, under the Statute of the Tribunal or under rules adopted under the Statute of the Tribunal, for forfeiture of property in respect of a Tribunal offence; or (b) a declaration made by a Tribunal, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, evidencing forfeiture of property under that Statute or those rules. Former Yugoslavia Tribunal: (a) means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by United Nations Security Council Resolution 827 S/RES/827 (1993); and (b) includes the organs referred to in Article 11 of the Statute of the Tribunal. Note: In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org). frisk search means: (a) a search of a person conducted by quickly running the hands over the person's outer garments; and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person. incapable person has the same meaning as in Part ID of the Crimes Act 1914. interest, in relation to property, has the same meaning as in the Proceeds of Crime Act 2002. International Residual Mechanism for Criminal Tribunals: (a) means the International Residual Mechanism for Criminal Tribunals, established by United Nations Security Council Resolution 1966 S/RES/1966 (2010); and (b) includes the organs referred to in Article 4 of the Statute of the Tribunal. Note 1: In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org). Note 2: The United Nations Security Council decided on 22 December 2010 to establish this Mechanism to carry out residual functions of the Former Yugoslavia Tribunal and the Rwanda Tribunal. law, in relation to the Commonwealth, a State or a Territory, means a law (whether written or unwritten) of the Commonwealth, that State or that Territory, and includes a law (whether written or unwritten) in force in the Commonwealth, that State or that Territory or in any part of the Commonwealth, that State or that Territory. law enforcement agency has the same meaning as in the Surveillance Devices Act 2004. law enforcement officer has the same meaning as in the Surveillance Devices Act 2004. lawfully obtained in Australia has a meaning affected by subsection 25A(3). magistrate means: (a) a magistrate of a Territory; or (b) a magistrate of a State (other than the Northern Territory) in respect of whom an arrangement under section 82 is in force; or (c) a Judge, or an acting Judge, of the Local Court of the Northern Territory in respect of whom an arrangement under section 82 is in force. Note: The Australian Capital Territory and the Northern Territory are treated as States under this Act—see section 5. offence, in relation to an Australian law, includes an offence against a law relating to taxation, customs duty or other revenue matters or relating to foreign exchange control. officer, in relation to a financial institution, has the same meaning as in the Proceeds of Crime Act 2002. officer assisting, in relation to a warrant, means: (a) a person who is a police officer and who is assisting in executing the warrant; or (b) a person who is not a police officer and who has been authorised by the relevant executing officer to assist in executing the warrant. ordinary search means a search of a person or of articles in the possession of a person that may include: (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and (b) an examination of those items. parent has the same meaning as in the Crimes Act 1914. person assisting has the same meaning as in the Proceeds of Crime Act 2002. POCA search warrant means a search warrant issued under Part 3‑5 of the Proceeds of Crime Act 2002 in relation to a Tribunal offence. police officer means: (a) a member or special member of the Australian Federal Police; or (b) a member of the police force or police service of a State. police station includes: (a) a police station of a State or Territory; and (b) a building occupied by the Australian Federal Police. premises includes a place and a conveyance. prisoner means a federal prisoner or a State prisoner. proceeds of a Tribunal offence means proceeds (within the meaning of the Proceeds of Crime Act 2002) of such an offence. proceeds jurisdiction has the same meaning as in the Proceeds of Crime Act 2002. proceeds of crime authority has the same meaning as in the Proceeds of Crime Act 2002. Note: Under that Act, the proceeds of crime authority is either the Commissioner of the Australian Federal Police or the Director of Public Prosecutions (see the definition of proceeds of crime authority in section 338 of that Act). proceeds request has the meaning given by section 40AA. property means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property. recently used conveyance, in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced. related Tribunal offence: a Tribunal offence is related to another Tribunal offence if the physical elements of the 2 offences are substantially the same acts or omissions. responsible enforcement agency head means the head of the enforcement agency whose authorised officer is responsible for executing a POCA search warrant. restraining order means a restraining order under section 17 of the Proceeds of Crime Act 2002. Rwanda Tribunal: (a) means the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by United Nations Security Council Resolution 955 S/RES/955 (1994); and (b) includes the organs referred to in Article 10 of the Statute of the Tribunal. Note: In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org). search warrant means a warrant issued under section 47. seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody. senior police officer has the meaning given by subsection 40AH(3). State prisoner means a person who: (a) is being held in custody pending: (i) trial for; or (ii) a committal hearing or a summary hearing in relation to; or (iii) sentencing for; an offence against a law of a State; or (b) is under a sentence of imprisonment for an offence against a law of a State, or is otherwise subject to detention under a law of a State; but does not include a person who is at large after having escaped from lawful custody. Statute of the Tribunal means: (a) for the Former Yugoslavia Tribunal—the Statute of the Tribunal: (i) adopted by United Nations Security Council Resolution 827 S/RES/827 (1993); and (ii) annexed to the United Nations Secretary‑General's report S/25704 (1993) given pursuant to paragraph 2 of United Nations Security Council Resolution 808 S/RES/808 (1993); and (b) for the Rwanda Tribunal—the Statute of the Tribunal annexed to (and adopted by) United Nations Security Council Resolution 955 S/RES/955 (1994); and (c) for the International Residual Mechanism for Criminal Tribunals—the Statute of the Mechanism in Annex 1 to (and adopted by) United Nations Security Council Resolution 1966 S/RES/1966 (2010). Note: In 2013, the text of United Nations Security Council resolutions and United Nations Secretary‑General reports was accessible through the United Nations website (www.un.org). statutory form, in relation to a warrant or notice, means the form of the warrant or notice, as the case may be, set out in the regulations. stored communication has the same meaning as in the Telecommunications (Interception and Access) Act 1979. strip search means a search of a person or of articles in the possession of a person that may include: (a) requiring the person to remove all of his or her garments; and (b) an examination of the person's body (but not of the person's body cavities) and of those garments. surrender warrant means a warrant issued under section 18. telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979. Tribunal means: (a) the Former Yugoslavia Tribunal; or (b) the Rwanda Tribunal; or (c) the International Residual Mechanism for Criminal Tribunals. Tribunal offence means: (a) an offence for which the Former Yugoslavia Tribunal has the power to prosecute persons under Article 2, 3, 4 or 5 of the Statute of the Tribunal; or (b) an offence for which the Rwanda Tribunal has the power to prosecute persons under Article 2, 3 or 4 of the Statute of the Tribunal; or (c) an offence for which the International Residual Mechanism for Criminal Tribunals has the power to prosecute persons under Article 1 of the Statute of the Tribunal. warrant premises means premises in relation to which a search warrant is in force. 5 Some Territories to be regarded as States For the purposes of this Act, the Australian Capital Territory and the Northern Territory are to be regarded as States, and are not to be regarded as Territories. 6 External Territories This Act extends to each external Territory. 6A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part 2—Requests by a Tribunal for assistance 7 Tribunal may request assistance (1) A request by a Tribunal, for assistance that it needs to perform its functions in respect of an investigation or prosecution it is conducting or proposes to conduct, is to be made to the Attorney‑General, or a person authorised by the Attorney‑General. (2) Without limiting subsection (1), the request may be for assistance of one or more of the following types: (a) arresting and surrendering to the Tribunal a person in relation to whom the Tribunal has issued an arrest warrant; (b) executing a request for search and seizure; (c) obtaining evidence, a document or other article; (d) providing a document or other record; (e) locating and identifying a witness or suspect; (f) arranging for a person to give evidence or assist an investigation; (g) causing the forfeiture of property or the proceeds of crime; (h) serving documents; (i) arranging for the Tribunal to sit in Australia. (3) If a request by a Tribunal is made to, or received by, a person authorised under subsection (1), the request is taken for the purposes of this Act to have been made to, or received by, the Attorney‑General. 8 Form of requests (1) The request must be in writing and must indicate: (a) who may be, is to be or has been charged with a Tribunal offence as a result of the investigation or prosecution in respect of which the request is made; and (b) the nature of any such charge; and (c) the intended time and place of any hearing of any such charge. (2) The request must also indicate: (a) the nature of the investigation or prosecution in respect of which the request is made; and (b) the International Convention or other legal basis on which the Tribunal relies for conducting the investigation or prosecution; and (c) the nature of the assistance sought; and (d) the procedure (if any) that the Tribunal wants the Attorney‑General to follow in complying with the request, including the form in which material must be given to the Tribunal; and (e) the period within which the Tribunal wants the request complied with; and (f) any confidentiality requirements that the Tribunal wants observed; and (g) any other matters that might assist in complying with the request. (3) Failure to comply with subsection (2) does not invalidate a request. Part 3—Surrender of persons to a Tribunal Division 1—Arrest of persons 9 Notice by Attorney‑General (1) If: (a) the Attorney‑General receives from a Tribunal a request for surrender of a person; and (b) the request is in accordance with subsection 8(1); and (c) the request is accompanied by an arrest warrant in relation to the person that was issued by the Tribunal, or by a copy of that warrant authenticated by the Tribunal; the Attorney‑General must, by notice in writing in the statutory form expressed to be directed to any magistrate, state that the request has been received. (2) A copy of the arrest warrant that was issued by the Tribunal must be attached to the notice. 10 Issue of warrants (1) A magistrate must issue a warrant, in the statutory form, for a person's arrest if an application is made, in the statutory form, on behalf of the Tribunal, for issue of a warrant pursuant to the notice. (2) A magistrate must issue a warrant, in the statutory form, for a person's arrest if: (a) an application is made, in the statutory form, on behalf of a Tribunal, for issue of a warrant otherwise than pursuant to such a notice; and (b) the application is accompanied by a copy of an arrest warrant for the person that was issued by the Tribunal; and (c) the application contains a statement to the effect that, because of circumstances of urgency, it is necessary to issue a warrant before receiving a notice from the Attorney‑General under section 9. (3) The magistrate must without delay send to the Attorney‑General a report stating whether the magistrate has issued the warrant. Note: Division 4 of Part 7 deals with matters relating to arrest. 11 Cancellation of warrants The Attorney‑General must, by written notice in the statutory form, direct a magistrate to cancel a warrant if the person has not been arrested under the warrant and: (a) the Attorney‑General is satisfied that a request from a Tribunal that would oblige the Attorney‑General to issue a notice under section 9 in relation to the person will not be received; or (b) the Attorney‑General considers for any other reason that the warrant should be cancelled. 12 Remand (1) A person who is arrested under a warrant must, as soon as practicable: (a) be given a written notice that: (i) specifies the Tribunal offence in respect of which the warrant was issued; and (ii) describes the conduct that is alleged to constitute that offence; and (b) be brought before a magistrate in the State or Territory in which the person is arrested. (2) If a magistrate is satisfied that the person: (a) is the person specified in the warrant; and (b) is also the person specified in the arrest warrant that was issued by the Tribunal; the magistrate must remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney‑General to make a surrender determination and (if appropriate) to enable a magistrate to remand the person under section 20. (3) The magistrate must remand the person in custody unless there are special circumstances justifying remand on bail. (4) If a person is remanded in custody after the person has made an application for bail, the person cannot, during that remand, make another application for bail unless there is evidence of a change of circumstances that might justify bail being granted. 13 Release from remand on the Attorney‑General's direction The Attorney‑General must, by notice in writing in the statutory form, direct a magistrate to order the release from custody of a person remanded under this Division, or the discharge of the recognisances on which bail was granted to the person, as the case requires, if: (a) the Attorney‑General is satisfied that a request from a Tribunal that would oblige the Attorney‑General to issue a notice under section 9 in relation to the person will not be received; or (b) the Attorney‑General considers for any other reason that the remand should cease. 14 Release from remand after certain periods (1) A person must be brought before a magistrate if: (a) the person was arrested under a warrant issued under subsection 10(2); and (b) the person is, under this Division, on remand 14 days after the day on which the person was arrested; and (c) a notice has not been given under section 9 in relation to the person. (2) Unless the magistrate is satisfied that such a notice is likely to be given within a particular period that is reasonable in all the circumstances, the magistrate must: (a) order the release of the person from custody; or (b) order the discharge of the recognisances on which bail was granted to the person; as the case requires. (3) If: (a) a magistrate was satisfied under subsection (2) that such a notice was likely to be given in relation to the person within a particular period; and (b) the notice is not given within the period; the person must be brought before a magistrate. (4) The magistrate must: (a) order the release of the person from custody; or (b) order the discharge of the recognisances on which bail was granted to the person; as the case requires. 15 Application for search warrants (1) If: (a) a person is arrested under a warrant issued under section 10; and (b) a police officer has reasonable grounds for suspecting that evidential material relating to a Tribunal offence in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, at any premises; the police officer may, by an information on oath that sets out the grounds for that suspicion, apply for a search warrant in relation to the premises to search for that material. (2) If: (a) a person is arrested under a warrant issued under section 10; and (b) a police officer has reasonable grounds for suspecting that evidential material relating to a Tribunal offence in respect of which the warrant was issued is, or within the applicable period referred to in subsection (3) of this section will be, in a person's possession; the police officer may, by an information on oath that sets out the grounds for that suspicion, apply for a search warrant in relation to that person to search for that material. (3) For the purposes of this section, the applicable period is: (a) if the application for the warrant is made by telephone, telex, fax or other electronic means, as provided by section 52‑48 hours; or (b) otherwise—72 hours. Note: Part 7 deals with search warrants. Division 2—Surrender of persons 16 Surrender determination by Attorney‑General (1) The Attorney‑General must determine whether a person remanded under Division 1 is to be surrendered to the Tribunal that sought the arrest of the person under that Division. (2) Unless the Attorney‑General is satisfied that there are special circumstances, he or she must determine that the person is to be surrendered to the Tribunal. (3) In considering whether there are special circumstances, the Attorney‑General must: (a) give the person a reasonable opportunity to provide to the Attorney‑General documents intended to show that there are special circumstances; and (b) consider any documents so provided. (4) The determination must be made as soon as reasonably practicable, having regard to the circumstances, after the person is remanded under Division 1. 17 Release from remand on refusal to surrender the person If the Attorney‑General has determined not to surrender the person to the Tribunal, the Attorney‑General must, by notice in writing in the statutory form, direct a magistrate to order: (a) the release of the person from custody; or (b) the discharge of the recognisances on which bail was granted to the person; as the case requires. 18 Surrender warrants (1) Subject to section 19, if the Attorney‑General determines that the person is to be surrendered to the Tribunal, the Attorney‑General must issue a warrant for the surrender of the person to the Tribunal. (2) The surrender warrant must be in writing in the statutory form. 19 Persons imprisoned under Australian law (1) The Attorney‑General must not issue a surrender warrant if: (a) the person is serving a sentence of imprisonment in respect of an offence against an Australian law, or is otherwise subject to detention under an Australian law; and (b) the Tribunal has been required to give adequate undertakings to the Attorney‑General relating to: (i) the person's return to Australia to serve the remainder of the sentence or other detention once the person is no longer required to be detained by, or on the order of, the Tribunal; and (ii) the person's custody while travelling, and while in other countries, for the Tribunal's purposes; and (c) the Attorney‑General is not satisfied that the Tribunal has given adequate undertakings relating to those matters. (2) For the purposes of this section, the person is not taken to be serving a sentence of imprisonment, or to be otherwise subject to detention, if he or she has been released on parole or licence, or has been otherwise conditionally released, for the remainder of the sentence or period of detention. 20 Detention following surrender warrants (1) If the Attorney‑General issues the surrender warrant, the person must be brought as soon as practicable before a magistrate in the State or Territory in which the person is on remand. (2) A magistrate must remand the person in custody for such period or periods as may be necessary to enable the warrant to be executed. 21 Content of surrender warrants (1) A surrender warrant in relation to the person (the eligible person) must: (a) require the person in whose custody the eligible person is being held to release the eligible person into the custody of a police officer; and (b) authorise the police officer to transport the eligible person in custody, and, if necessary or convenient, to detain the eligible person in custody, for the purpose of enabling the eligible person: (i) to be placed in the custody of a specified person who is an officer of the Tribunal or other person authorised by the Tribunal; and (ii) to be transported to a place specified by the Tribunal; and (c) authorise the specified person to transport the eligible person in custody to a place specified by the Tribunal for the purpose of surrendering the eligible person to a person appointed by the Tribunal to receive the person. (2) A place referred to in paragraph (1)(b) or (c) may be a place in or outside Australia. 22 Execution of surrender warrants Subject to this Division, a surrender warrant must be executed according to its tenor. 23 Release from remand (1) If: (a) a surrender warrant has been issued in relation to a person; and (b) the person is in custody in Australia under the warrant, or otherwise under this Act, more than 21 days after the day on which the warrant was first liable to be executed; and (c) the person applies to the Federal Court of Australia or the Supreme Court of the State or Territory in which the person is in custody; and (d) reasonable notice of the intention to apply has been given to the Attorney‑General; the Court must, subject to subsection (2), order that the person be released from that custody. (2) However, if the Court is satisfied that the surrender warrant has not been executed within the period of 21 days, or since the person last made an application under subsection (1), as the case may be: (a) because to do so would have endangered the person's life, or would have prejudiced the person's health; or (b) for any other reasonable cause; the Court must not order that the person be released from custody. 24 Effect of surrender to Tribunal on person's terms of imprisonment (1) If, at the time a person was surrendered to a Tribunal under this Part in connection with a Tribunal offence, the person was serving a sentence of imprisonment in respect of an offence against a law of the Commonwealth or of a Territory, or was otherwise subject to detention under a law of the Commonwealth or of a Territory: (a) any time spent by the person in custody in connection with the surrender warrant; and (b) subject to subsection (2), any time spent by the person in custody in connection with detention by, or on the order of, the Tribunal in respect of the Tribunal offence; is to be counted as time served towards the sentence of imprisonment or period of detention. (2) If the person is convicted of the Tribunal offence, time spent by the person in custody serving a sentence of imprisonment imposed by the Tribunal for the Tribunal offence is not to be counted as time towards the sentence of imprisonment or period of detention referred to in subsection (1). (3) A reference in this section to time spent in custody includes a reference to time spent in custody outside Australia. 25 Expiry of Australian sentences while under Tribunal detention If: (a) at the time a person was surrendered to a Tribunal under this Part, the person was serving a sentence of imprisonment in respect of an offence against an Australian law, or was otherwise subject to detention under an Australian law; and (b) each such sentence of imprisonment that the person was serving, or each such period of detention to which the person was subject, at that time expires while the person is being detained by, or on the order of, the Tribunal; the Attorney‑General must without delay inform the Tribunal of the expiry and, if the Tribunal was required to give undertakings as referred to in section 19, that the undertakings are no longer required to be complied with. Part 4—Other forms of assistance to a Tribunal Note: Additional forms of assistance outside the scope of this Act may also be made available to the Tribunals‑see section 84. Division 1AA—Providing law enforcement agency material 25A Authorising provision of material obtained by law enforcement agencies (1) The Attorney‑General may authorise, in writing, the provision of material to a Tribunal if: (a) the Tribunal has requested the material; and (b) the Attorney‑General is satisfied that: (i) the request relates to a proceeding before, or an investigation conducted by, the Tribunal; and (ii) the material was lawfully obtained in Australia by, and is lawfully in the possession of, a law enforcement agency. (2) The authorisation may: (a) specify the uses to which the material can be put by the Tribunal; and (b) include a direction to a law enforcement officer of the law enforcement agency about how the material is to be provided to the Tribunal. (3) Material lawfully obtained in Australia includes: (a) material obtained from individuals or entities by consent; and (b) material obtained by warrant, or the exercise of a coercive power by a court, in Australia for the purposes of a domestic investigation or prosecution. Division 1—Taking 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. 27 Taking of evidence (1) If the Attorney‑General authorises taking of evidence, a magistrate may take the evidence on oath from each witness appearing before the magistrate to give evidence in relation to the matter. (2) A magistrate who takes any such evidence must: (a) cause the evidence to be put in writing; and (b) certify that the evidence was taken by the magistrate; and (c) cause the writing so certified to be sent to the Attorney‑General. 28 Producing documents or other articles (1) If the Attorney‑General authorises production of documents or other articles, a magistrate may require production of the documents or other articles. (2) Subject to subsection (3), if the documents or other articles are produced, a magistrate must send them to the Attorney‑General together with a written statement certifying that they were produced to that magistrate. (3) In the case of documents, a magistrate may send to the Attorney‑General copies of the documents certified by that magistrate to be true copies. 29 Legal representation (1) The evidence of a witness may be taken under section 27 in the presence or absence of: (a) the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates; or (b) his or her legal representative (if any). (2) The magistrate conducting a proceeding under either section 27 or 28, or both, may permit: (a) the person to whom the proceeding before, or investigation conducted by, the Tribunal relates; and (b) any other person giving evidence or producing documents or other articles at the proceeding before the magistrate; and (c) the Tribunal; to have legal representation at the proceeding before the magistrate. (3) If the Tribunal so requests, the Magistrate conducting a proceeding under section 27 or 28 (or both) may permit examination or cross‑examination of a person giving evidence or producing a document or other article at the proceeding, by: (a) the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates; or (b) that person's legal representative; or (c) the Tribunal's legal representative; through a video link. (4) In this section: video link means a video and sound system that enables persons assembled in the Tribunal's premises (or premises nominated by the Tribunal) to see, hear and talk to persons assembled in a place in another country. 30 Form of certificates A certificate by a magistrate under subsection 27(2) or 28(2) must state whether, when the evidence was taken or the documents or other articles were produced, any of the following persons were present: (a) the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates, or his or her legal representative (if any); (b) any other person giving evidence or producing documents or other articles, or his or her legal representative (if any). 31 Compellability of persons to attend etc. (1) Subject to subsections (2) and (3), the laws of each State or Territory with respect to compelling persons: (a) to attend before a magistrate; and (b) to give evidence, answer questions, and produce documents or other articles; on the hearing of a charge against a person for an offence against the law of that State or Territory apply, so far as they are capable of application, with respect to so compelling persons for the purposes of this Division. (2) For the purposes of this Division, the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates, is competent but not compellable to give evidence. (3) If: (a) a person is required to give evidence, or produce documents or other articles, for the purposes of a proceeding before, or an investigation conducted by, a Tribunal; and (b) the person is not compellable to answer a particular question, or to produce a particular document or article, for the purposes of that proceeding or investigation; the person is not compellable to answer the question, or produce the document or article, for the purposes of this Division. 32 Tribunal immunity certificates (1) An authenticated Tribunal immunity certificate is admissible in proceedings under this Division as prima facie evidence of matters stated in the certificate. (2) In this section: Tribunal immunity certificate means a certificate or declaration that: (a) is given or made by a Tribunal under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal; and (b) specifies or declares that, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, persons generally or a specified person could or could not: (i) either generally or in specified proceedings; and (ii) either generally or in specified circumstances; be required to answer a specified question or to produce a specified document. Division 1A—Requests for surveillance devices 32A Authorising applications for surveillance device warrants (1) The Attorney‑General may authorise, in writing, an eligible law enforcement officer to apply for a surveillance device warrant under section 14 of the Surveillance Devices Act 2004 if: (a) a Tribunal has requested the Attorney‑General to arrange for the use of a surveillance device; and (b) the Attorney‑General is satisfied that a proceeding is before, or an investigation is being conducted by, the Tribunal; and (c) the Attorney‑General is satisfied that the Tribunal has given appropriate undertakings for: (i) ensuring that the information obtained as a result of the use of the device will only be used for the purpose for which it is communicated to the Tribunal; and (ii) the destruction of a document or other thing containing information obtained as a result of the use of the device; and (iii) any other matter the Attorney‑General considers appropriate. Note: The eligible law enforcement officer can only apply for the warrant if he or she reasonably suspects that the use of the device is necessary for the investigation or proceeding (see subsection 14(3A) of the Surveillance Devices Act 2004). (2) An eligible law enforcement officer is a person mentioned in column 3 of table item 5 in subsection 6A(6), or column 3 of table item 5 in subsection 6A(7), of the Surveillance Devices Act 2004. Division 1AB—Requests for access to data held in computers 32AA Authorising applications for computer access warrants (1) The Attorney‑General may authorise, in writing, an eligible law enforcement officer to apply for a computer access warrant under section 27A of the Surveillance Devices Act 2004 if: (a) a Tribunal has requested the Attorney‑General to arrange for access to data held in a computer (the target computer); and (b) the Attorney‑General is satisfied that a proceeding is before, or an investigation is being conducted by, the Tribunal; and (c) the Attorney‑General is satisfied that the Tribunal has given appropriate undertakings for: (i) ensuring that data obtained as a result of the access under the warrant will only be used for the purpose for which it is communicated to the Tribunal; and (ii) the destruction of a document or other thing containing data obtained as a result of access under the warrant; and (iii) any other matter the Attorney‑General considers appropriate. Note: The eligible law enforcement officer can only apply for the warrant if the officer reasonably suspects that the access to data held in the target computer is necessary for the investigation or proceeding (see subsection 27A(4) of the Surveillance Devices Act 2004). (2) In this section: computer has the same meaning as in the Surveillance Devices Act 2004. data has the same meaning as in the Surveillance Devices Act 2004. data held in a computer has the same meaning as in the Surveillance Devices Act 2004. eligible law enforcement officer means a person mentioned in column 3 of table item 5 in subsection 6A(6), or column 3 of table item 5 in subsection 6A(7), of the Surveillance Devices Act 2004. Division 1B—Forensic procedures 32B Authorising application for carrying out of forensic procedures (1) The Attorney‑General may authorise, in writing, a constable to apply under Part ID of the Crimes Act 1914 for an order for the carrying out of a forensic procedure on a person if: (a) a Tribunal has requested the procedure to be carried out on the person; and (b) the Attorney‑General is satisfied: (i) that the request relates to a proceeding before, or an investigation conducted by, the Tribunal; and (ii) that the person is, or is believed to be, in Australia; and (iii) that the Tribunal has given appropriate undertakings about the retention, use and destruction of forensic material, or of information obtained from analysing that material; and (iv) that the Tribunal has given any other undertakings that the Attorney‑General considers necessary; and (v) unless subsection (2) applies—that the person has been given an opportunity to consent to the forensic procedure and has not consented to it; and (vi) if subsection (2) applies—of the matters in that subsection; and (c) in the case of the person being a suspect, the constable is an authorised applicant. (2) If the person is a child or an incapable person, the matters are: (a) that either: (i) the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or (ii) a parent or guardian of the person is a suspect in relation to an offence to which the investigation or proceeding relates; and (b) that, having regard to the best interests of the person, it is appropriate to make the authorisation. (3) In this section: authorised applicant has the same meaning as in subsection 23WA(1) of the Crimes Act 1914. suspect has the same meaning as in subsection 23WA(1) of the Crimes Act 1914. 32C Providing forensic evidence to the Tribunal (1) The Attorney‑General may direct a constable about how forensic evidence is to be provided to a Tribunal if: (a) the Attorney‑General gave an authorisation to the constable under subsection 32B(1); and (b) the forensic evidence resulted from the authorisation. (2) A direction under subsection (1) is not a legislative instrument. Division 2—Search and seizure 33 Attorney‑General may authorise applications for search warrants (1) Subject to subsection (2), if: (a) a Tribunal makes a request to the Attorney‑General compliance with which may involve the issue of a search warrant in relation to evidential material; and (b) there are reasonable grounds to believe that the material is in Australia; the Attorney‑General may, in writing, authorise a police officer to apply to a magistrate of the State or Territory in which that material is believed to be located for the search warrant. (2) 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. 34 Applications for search warrants (1) If: (a) a police officer is authorised under section 33 to apply for a search warrant; and (b) the police officer has reasonable grounds for suspecting that the evidential material is, or within the applicable period referred to in subsection (3) of this section will be, at any premises; the police officer may, by an information on oath setting out the grounds for that suspicion, apply for a search warrant in relation to the premises to search for that material. (2) If: (a) a police officer is authorised under section 33 to apply for a search warrant; and (b) the police officer has reasonable grounds for suspecting that the evidential material is, or within the applicable period referred to in subsection (3) of this section will be, in a person's possession; the police officer may, by an information on oath setting out the grounds for that suspicion, apply for a search warrant in relation to that person to search for that material. (3) For the purposes of this section, the applicable period is: (a) if the application for the warrant is made by telephone, telex, fax or other electronic means, as provided by section 52‑48 hours; or (b) otherwise‑72 hours. Note: Part 7 deals with search warrants. Division 2A—Stored communications 34A Authorising application for a stored communications warrant The Attorney‑General may authorise, in writing, the Australian Federal Police or the police force or police service of a State to apply for a stored communications warrant under section 110 of the Telecommunications (Interception and Access) Act 1979 if: (a) the Attorney‑General is satisfied that: (i) a proceeding is before, or an investigation is being conducted by, a Tribunal; and (ii) there are reasonable grounds to believe that stored communications relevant to the proceeding or investigation are held by a carrier; and (b) the Tribunal has requested the Attorney‑General to arrange for access to the stored communications. Note: Information obtained under the warrant may only be communicated to the Tribunal on certain conditions: see subsection 142A(1) of the Telecommunications (Interception and Access) Act 1979. Division 2B—Prospective telecommunications data 34B Authorising an authorisation for the disclosure of prospective telecommunications data (1) The Attorney‑General may authorise, in writing, the making of an authorisation under section 180B of the Telecommunications (Interception and Access) Act 1979 for the disclosure of information or documents if: (a) a Tribunal has requested the Attorney‑General to arrange for the disclosure of the information or documents; and (b) the information or documents come into existence during a period specified by the Tribunal, and which started on or after the day the request was made; and (c) the Attorney‑General is satisfied that: (i) a proceeding is before, or an investigation is being conducted by, the Tribunal; and (ii) the information or documents relate to the fact of a communication passing over a telecommunications system during a period specified in the Tribunal's request. Note: The information or documents will not be disclosed unless they are reasonably necessary for the investigation or proceeding (see subsection 180B(3) of that Act). (2) To avoid doubt, information or documents do not relate to the fact of a communication passing over a telecommunications system to the extent that the information is, or the documents contain, the contents or substance of a communication. Division 3—Giving evidence at hearings, or assisting in investigations, in foreign countries 35 Persons giving evidence or assisting (other than prisoners) (1) Subject to subsection (2), the Attorney‑General may make arrangements for the travel to a foreign country of a person who is in Australia if: (a) a Tribunal makes a request to the Attorney‑General for the attendance of the person: (i) at a hearing in the foreign country in connection with a proceeding before the Tribunal; or (ii) in the foreign country to assist an investigation being conducted by the Tribunal; and (b) the person is not a prisoner; and (c) there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist the investigation; and (d) the Attorney‑General is satisfied that the person has consented to giving evidence or assisting in the foreign country; and (e) the Attorney‑General is satisfied that the Tribunal has given, to the extent (if any) required by the Attorney‑General, an adequate (whether or not unqualified) undertaking that the person will be returned to Australia in accordance with arrangements agreed to by the Attorney‑General. (2) 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. 36 Prisoners giving evidence or assisting (1) This section applies if: (a) a Tribunal makes a request to the Attorney‑General for the attendance of a person: (i) at a hearing in a foreign country in connection with a proceeding before the Tribunal; or (ii) in a foreign country to assist an investigation being conducted by the Tribunal; and (b) the person is a federal prisoner, or a State prisoner, who is in Australia (whether or not in custody); and (c) there are reasonable grounds to believe that the prisoner can give evidence relevant to the proceeding or assist the investigation; and (d) the Attorney‑General is satisfied that the prisoner has consented to giving evidence or assisting in the foreign country; and (e) the Attorney‑General is satisfied that the Tribunal has given, to the extent (if any) required by the Attorney‑General, adequate (whether or not unqualified) undertakings in respect of the matters referred to in section 37. (2) Subject to subsection (4), if the prisoner is being held in custody, the Attorney‑General may: (a) if the prisoner is a federal prisoner and is not also a State prisoner‑direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give evidence at the proceeding or to assist the investigation; and (b) if the prisoner is a federal prisoner and also a State prisoner‑direct, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of such travel; and (c) in any case‑subject to the making or giving of any necessary directions or approvals relevant to release of the prisoner, make arrangements for such travel in the custody of a police officer, or prison officer, appointed by the Attorney‑General for the purpose. (3) Subject to subsection (4), if the prisoner, having been released from custody on parole, is not being held in custody, the Attorney‑General may: (a) if the prisoner is a federal prisoner and is not also a State prisoner: (i) approve the travel of the prisoner to the foreign country to give evidence at the proceeding or to assist the investigation; and (ii) obtain such parole decisions as may be required; and (b) if the prisoner is a federal prisoner and also a State prisoner‑subject to the obtaining of any parole decisions required to be obtained from an authority of the relevant State: (i) approve the travel of the prisoner to the foreign country to give evidence at the proceeding or to assist the investigation; and (ii) obtain such parole decisions under a law of the Commonwealth or of a Territory as may be required; and (c) in any case‑subject to the obtaining of any necessary parole decisions, make arrangements for the travel of the prisoner to the foreign country. (4) 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. (5) In this section: parole includes any order or licence to be at large. parole decision means any approval, authority or permission relating to parole, and includes any variation of parole. 37 Undertakings relating to prisoners (1) A Tribunal is to give, to the extent (if any) required by the Attorney‑General, an undertaking, in relation to any prisoner who is to give evidence in a foreign country pursuant to a request by the Tribunal, that the prisoner will be returned to Australia in accordance with arrangements agreed to by the Attorney‑General. (2) If the prisoner is being held in custody in Australia and the Attorney‑General requests the Tribunal to make arrangements for keeping the prisoner in custody while he or she is in the foreign country, the Tribunal is also to give, to the extent (if any) required by the Attorney‑General, the following undertakings: (a) that appropriate arrangements will be made for that purpose; (b) that the prisoner will not be released from custody in the foreign country unless the Attorney‑General notifies the Tribunal that the prisoner is entitled to be released from custody under Australian law; (c) if the prisoner is so released‑that his or her accommodation and expenses will be paid for by the Tribunal until the Tribunal decides that the person is no longer required to give evidence in the proceeding, or to assist the investigation, to which the request relates. 38 Effect of removal to foreign country on prisoners' terms of imprisonment A person who is serving a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory, or is otherwise subject to detention under a law of the Commonwealth or of a Territory, is taken to continue to serve that sentence of imprisonment, or to continue to be subject to that detention, at any time during which the person: (a) is released from a prison pursuant to a request by a Tribunal under section 36; and (b) is in custody in connection with the request (including custody outside Australia). Division 4—Custody of persons in transit 39 Transit (1) If a person is to be transported in custody from a foreign country through Australia to another foreign country for the purpose of: (a) giving evidence in a proceeding before a Tribunal; or (b) giving assistance in relation to an investigation being conducted by a Tribunal; or (c) being surrendered to a Tribunal; the person may be transported through Australia in the custody of another person. (2) If an aircraft or ship by which the person is being transported lands or calls at a place in Australia, the person must be kept in such custody as the Attorney‑General directs in writing until his or her transportation is continued. (3) If: (a) a person is being held in custody pursuant to a direction under subsection (2); and (b) the person's transportation is not, in the Attorney‑General's opinion, continued within a reasonable time; the Attorney‑General may direct that the person be transported in custody to the foreign country from which the person was first transported. Division 5—Service of process 40 Service of process (1) Subject to subsection (2), if a Tribunal requests the Attorney‑General to arrange for service in Australia of a process relating to a proceeding before, or an investigation conducted by, the Tribunal, the Attorney‑General may arrange for service of the process. (2) 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. Division 6—Identification, tracing, and freezing or seizure, of proceeds of Tribunal offences Subdivision A—Preliminary 40AA Application of Division This Division applies if: (a) a Tribunal makes a request (a proceeds request) to the Attorney‑General for the identification, tracing, and freezing or seizure, of the proceeds of a Tribunal offence; and (b) the Attorney‑General is satisfied that a person (the defendant): (i) has been, or is about to be, charged with the Tribunal offence before the Tribunal; or (ii) has been convicted by the Tribunal of the Tribunal offence. 40AB Authorising applications under the Proceeds of Crime Act 2002 The Attorney‑General may authorise, in writing, an authorised officer of an enforcement agency to make such applications under the Proceeds of Crime Act 2002 as are necessary to respond to the proceeds request if the Attorney‑General is satisfied that the proceeds request: (a) relates to a proceeding before, or an investigation conducted by, the Tribunal; and (b) is for assistance that can be obtained from one or more production orders, monitoring orders or