Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (HONG KONG) REGULATIONS 1991 NO. 95

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 95

Subject - Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (Hong Kong) Regulations

Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Paragraph 7(2)(a) of the Act provides that regulations may apply the Act to a specified foreign country to give effect to a bilateral mutual assistance treaty or agreement. A copy of the text of the Agreement is set out in the Schedule to the proposed Regulations.

The Agreement between the Government of Australia and the Government of Hong Kong concerning the Investigation of Drug Trafficking and the Confiscation of the Proceeds of Drug Trafficking (the Agreement) was signed on 22 April 1991. A copy of the Agreement is set out in the Schedule to the Mutual Assistance in Criminal Matters (Hong Kong) Regulations.

Article 13(2), paragraph 2 of the Agreement provides that the Agreement shall enter into force on the date on which the Parties have notified each other in writing that their respective requirements for the entry into force of the Agreement have been complied with. Hong Kong has notified Australia that its requirements for the entry into force of the Agreement have been completed. Australia's requirement for entry into force of the Agreement is the making of the Regulations applying the Act to Hong Kong subject to the Agreement.

Details of the proposed Regulations are as follows:

Regulation 1 is a citation provision.

Regulation 2 provides for the Regulations to commence on 3 June 1991.

Regulation 3 is an interpretation provision.

Regulation 4 applies the Act to Hong Kong subject to the Agreement which is reproduced as a Schedule to the proposed Regulations.


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