Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (UNITED MEXICAN STATES) REGULATIONS1992 NO. 167

Statutory Rules 1992 No. 167

Issued by the authority of the Attorney-General

Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (United Mexican States) 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 the regulations may make provision to the effect that the Act applies 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.

The Treaty between Australia and the United Mexican States on Mutual Assistance in Criminal Matters was signed on 6 May 1991. A copy of the text of the Treaty is set out in the Schedule to the proposed Regulations.

The Treaty will enable Australia and Mexico to provide each other with assistance in relation to the investigation and prosecution of crime and the proceeds of clime. The Treaty covers such matters as the taking of evidence by one country on behalf of the other; service of documents; making persons in one country, including persons in custody, available to give evidence or assist investigations in the other; search and seizure in one country on behalf of the authorities of the other; and giving effect to proceeds of crime orders in one country on behalf of the other.

Article 22 (1) of the Treaty provides that the Treaty shall enter into force on the day on which the Parties have notified each other in writing that their respective requirements for the entry into force of the Treaty have been completed. Mexico has notified Australia that its requirements for the entry into force of the Treaty have been completed. Australia's requirement for the entry into the force of the Treaty is the making of the Regulations applying the Act to Mexico subject to the Treaty.

Details of the proposed Regulations are as follows.

Regulation 1 is a citation provision.

Regulation 2 provides for the Regulations to commence on 30 June 1992.

Regulation 3 is an interpretation provision.

Regulation 4 applies the Act to the United Mexican States subject to the Treaty which is reproduced as a Schedule to the proposed Regulations.