Australia Mutual Legal Assistance

By 10/03/2022No Comments

C. The antitrust authorities of each Party shall inform the antitrust authorities of the other Party, to the extent consistent with the laws, enforcement policies and other important interests of that Party, of any investigative or enforcement action taken in connection with the assistance provided under this Agreement that could adversely affect the important interests of the other Party. Is there a bilateral or multilateral treaty/convention? If this is not the case, the request may indicate that assistance would be provided to Australia in similar circumstances in return. D. The unauthorized or unlawful disclosure or use of information transmitted in confidence under this Agreement shall constitute grounds for termination of the Agreement by the Party concerned in accordance with the procedures set out in Article XIII, Section C.D. Antitrust evidence obtained under this Agreement, published in accordance with the provisions of this Article, may then be used by the requesting Party for any purpose consistent with the Parties` mutual legal assistance rules. Requested Party – means the Party from which assistance is requested under this Agreement or which has provided such assistance. H. Except as provided for in points (C) and (D) of Article VII, this Agreement shall be used solely for the purposes of mutual assistance in the application of antitrust law between the Parties. The provisions of this Agreement do not create any right of a person to obtain, suppress or exclude evidence or to prevent the execution of a request under this Agreement. I. Nothing in this Agreement requires anyone to provide antitrust evidence that violates any statutory right or privilege.

The request should indicate precisely what assistance is requested from Australia, what specific procedural requirements must be met and what information can facilitate/clarify the request. For example: A. The requested Party may refuse assistance, in whole or in part, if the Central Authority or the Executing Authority of that Party determines that C. As set forth in Article VI.D of this Agreement, a Party may unilaterally decide to terminate this Agreement if the confidential or unlawful disclosure or use of confidential antitrust evidence submitted under this Agreement is unauthorized or unlawful; provided, however, that neither Party may make such a choice until it consults the other Party in accordance with Article VI.C on measures to be taken to minimize damage resulting from the unauthorized or unlawful disclosure or use of information transmitted confidentially under this Agreement, and the steps to be taken to ensure that such disclosure or use does not recur. Termination will be effective immediately upon notice or at a later date determined by the terminating party. C. Antitrust evidence obtained under this Agreement may only be used or disclosed by an requesting Party with respect to the administration or enforcement of laws other than its antitrust laws if (1) such use or disclosure is essential to an important prosecution purpose and (2) the executing authority that provided such antitrust evidence gives its prior written consent to the proposed use or disclosure. In the case of the United States, the executing authority will only give such consent after establishing the conclusions necessary for such consent. Has. Requests for assistance under this Agreement shall be made by an antitrust authority of the requesting Party. Such requests shall be made in writing and addressed to the Central Authority of the requested Party.

With respect to the United States, the Attorney General, who acts as a central authority, will forward a copy of each request to the Federal Trade Commission upon receipt. DESIRING to improve the effectiveness of both countries in the investigation, prosecution and fight against criminal offences through cooperation and mutual administrative assistance in law enforcement, B. Before a request is rejected, the central or executing authority of the requested Party shall consult the Central Authority of the requesting Party and the antitrust authority that submitted the request to determine whether, under certain conditions, assistance can be provided in whole or in part. Informal agency-to-agency or police-to-police support can generally be provided more quickly. Law enforcement agencies should consider using these channels to obtain information or evidence before making a formal request for mlAs. D. The executing authority shall, to the extent permitted by the laws of the requested Party, comply with all instructions of the requesting Party with respect to requests for legal privilege, immunity or incapacity under the law of the requesting Party. G. Nothing in this Agreement shall prevent a Party from requesting assistance or assistance from the other Party under any other arrangement, treaty, arrangement or practice, including the Agreement between the Government of Australia and the Government of the United States of America on Cartel Cooperation of 29 June 1982, in lieu of assistance under this Agreement. The Australian Attorney General`s Office, in collaboration with APEC (Asia-Pacific Economic Cooperation), provides step-by-step advice on seeking mutual legal assistance in criminal cases of APEC economies. Request – means a request for assistance under this Agreement. C.

Any unauthorized or unlawful disclosure or use of information transmitted confidentially to a Party in accordance with this Agreement shall be reported without delay to the Central Authority and the executing authority of the Party that provided the information; The central authorities of both Parties, as well as the executing authority that provided the information, shall immediately consult each other on the measures to be taken to minimise the harm caused by the disclosure and to ensure that the unauthorised or unlawful disclosure or use of confidential information does not recur. The executing authority that provided the information shall inform the person who provided the information to the executing authority of any unauthorised or unlawful disclosure or use. Countries requesting mutual legal assistance from Australia are encouraged to follow the steps above to ensure that the application meets Australian requirements and that Australia can legally facilitate the application. Successful MLA applications enable rapid investigations and prosecutions and contribute to the global fight against corruption and cross-border crime. Step 3: Specify the mechanism used to request assistance Person or Person – means any person or entity, including corporations, unincorporated associations, partnerships or entities, that exists or is authorized by the laws of the United States, its states or territories, the laws of Australia, its states or territories, or the laws of other sovereign states. Is there a specific time limit within which assistance is requested, for example with regard to ongoing legal proceedings? The Parties, including their competent authorities, may and may continue to provide assistance under other agreements, arrangements or practices. The Government of the United States of America and the Government of Australia (individually a “Party” or collectively the “Parties”), which seek to improve the effectiveness of the enforcement of the antitrust laws of both countries through mutual cooperation and mutual legal assistance, hereby agree as follows: The Central Authority of the United States, the Attorney General of Australia or, once designated, the executing authority of one of the parties may request additional information on the application or determine that the request is only enforced under certain conditions.