Page:Mutual Assistance in Criminal Matters Act 2000.pdf/35

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS
35


(3) A warrant issued under this section shall be subject to such conditions as the court may specify in the warrant.

Additional powers of person executing search warrant, etc.

35.—(1) Where an authorised officer has entered premises in the execution of a warrant issued under section 34, he may seize and retain any thing that is specified in the warrant, other than items subject to legal privilege.

(2) An authorised officer may photograph or make a copy of any thing seized under subsection (1).

(3) Where an authorised officer seizes, photographs or makes a copy of any thing under a warrant, he may retain the thing, photograph or copy for a period of up to one month pending a written direction from the Attorney-General as to the manner in which the thing, photograph or copy is to be dealt with (which may include a direction that that thing, photograph or copy be sent to the appropriate authority of the foreign country concerned).

(4) Any person who hinders or obstructs an authorised officer in the execution of a warrant issued under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

Immunities

36.—(1) No civil or criminal action shall lie against any person for—

(a) producing or giving access to any thing if he had produced or given access to the thing in good faith in compliance with a warrant issued under section 34; or
(b) doing or omitting to do any act if he had done or omitted to do the act in good faith and as a result of complying with such a warrant.

(2) A person who complies with a warrant issued under section 34 shall not be treated as being in breach of any restriction upon the disclosure of information or thing imposed by law, contract or rules of professional conduct.