16Requests for removal of certain persons to Australia

16 Requests for removal of certain persons to Australia

(1) Where: (a) a proceeding relating to a criminal matter has commenced in Australia; and (b) a person who is in a foreign country: (i) is a foreign prisoner; (ii) is capable of giving evidence relevant to the proceeding; and (iii) 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. (2) Where: (a) an investigation relating to a criminal matter has commenced in Australia; and (b) a person who is in a foreign country: (i) is a foreign prisoner; (ii) is capable of giving assistance in relation to the investigation; and (iii) 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. (3) 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: (a) the removal of the person to Australia; (b) the custody of the person while in Australia; (c) the return of the person to the foreign country; and (d) other relevant matters.