MUTUAL ASSISTANCE IN CRIMINAL MATTERS (FRENCH REPUBLIC) REGULATIONS 1994 NO. 33

MUTUAL ASSISTANCE IN CRIMINAL MATTERS (FRENCH REPUBLIC) REGULATIONS 1994 NO. 33

Statutory Rules 1994 No. 33

Issued by the Authority of the Attorney-General

Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (French Republic) Regulations

Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraph 7(2)(a) of the Act provides that regulations may apply the Act to a specified foreign country subject to such limitations, conditions, exceptions, or qualifications as are necessary to give effect to a bilateral mutual assistance treaty between Australia and that country, being a treaty a copy of which is set out in the regulations. Subsection 7(2A) of the Act provides that regulations may apply the Act to a specified foreign country in respect of obtaining access, for the purpose of international assistance in criminal matters, to Financial Transaction Reports information, subject to such limitations, conditions, exceptions, qualifications or other modifications as are specified in the regulations.

The Act enables Australia to grant or request the following kinds of international mutual assistance in criminal matters: taking of evidence, search and seizure, arrangements for witnesses to give evidence or assist in investigations, service of documents and the restraint, forfeiture and confiscation of proceeds of crime. For Australia to grant or request assistance under the Act, with the exception of the taking of evidence, the Act must apply by regulations to the country concerned. The regulations may give effect to a treaty or otherwise.

Australia and French Republic signed a mutual assistance in criminal matters treaty on 14 January 1993. The Treaty, once in force, binds the two countries under international law to provide each other with the kinds of assistance listed above. On 4 February 1994 the French Republic notified Australia, in accordance with Article 24 of the Treaty, that its requirements for the Treaty's entry into force had been satisfied. The Regulations will enable Australia to give domestic effect to the Treaty. The Treaty enters into force on the first day of the second month following the receipt of the later of these notifications, that is, the Australian notification. Should the proposed Regulations be made, a note will be provided to France on or before 31 March 1994, notifying France that Australia's requirements for the Treaty's entry into force have been complied with, and that the Treaty, consequently, will enter into force on 1 May 1994.

Details of the Regulations are as follows:

Regulation 1 is a citation provision.

Regulation 2 provides that the Regulations commence on 1 May 1994 on which date the Treaty comes into force between Australia and the French Republic.

Regulation 3 is an interpretation provision.

Subregulation 4 (1) applies the Act to the French Republic subject to the Treaty, while sub regulation 4(2) provides that a copy of the English language text is set out in the Schedule.

Subregulation 4(3) continues to apply Part VIA of the Act to the French Republic. Part VIA of the Act was originally applied to France by the Mutual Assistance in Criminal Matters (France) Regulations (SR 400 of 1991) to give effect to a Memorandum of Understanding (MOU) between Australia and France that governs the exchange of Financial Transactions Reports information, in certain circumstances, between the two countries. That MOU remains in force and hence Part VIA should continue to apply to France. The 1991 Regulations (SR 400 of 1991) are no longer required and accordingly Regulation 5 repeals the 1991 Regulations.