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Mutual Assistance in Criminal Matters Act 1992

Miscellaneous provisions

64A: Certificates relating to convention countries

You could also call this:

"Certificates that prove a country is part of a special agreement"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You need to know about certificates for countries that are part of certain conventions. The Secretary of Foreign Affairs and Trade can give a certificate to say if a country is or is not part of these conventions. This certificate is enough evidence of that fact for the purposes of Part 3. You should be aware that if someone shows this certificate to a court, the court must recognise the Secretary's signature. The court does not need to check if the signature is real. This is because the Secretary is an important person who can give these certificates. When a certificate is given, it is about countries that are part of conventions listed in the Schedule. You can find the Schedule at the link to the Schedule. The certificate is used for the purposes of Part 3.

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Part 4Miscellaneous provisions

64ACertificates relating to convention countries

  1. For the purposes of Part 3, a certificate given by the Secretary of Foreign Affairs and Trade, certifying that any country is or is not, at any material time, a party to 1 or more of the conventions referred to in column 1 of the table in the Schedule, is sufficient evidence of that fact.

  2. The court or person acting judicially to whom any certificate under subsection (1) is produced must take judicial notice of the signature of the Secretary of Foreign Affairs and Trade.

Notes
  • Section 64A: inserted, on , by section 6 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
  • Secion 64A(1): amended, on , by section 12 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).