Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (SERVICE OF DOCUMENTS) REGULATIONS 1994 NO. 334

Statutory Rules 1994 No. 334

Issued by the Authority of the Attorney-General

Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (Service of Documents) Regulations

Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed. Paragraph 7(2)(b) of the Act provides that regulations may apply the Act in relation to specified foreign countries subject to limitations, conditions, exceptions, or qualifications other than those necessary to give effect to a bilateral mutual assistance treaty.

The Regulations enable Australia to serve documents on behalf of foreign countries with which there is no specific mutual assistance relationship. The Regulations apply the Act to all countries listed in the Schedule only in relation to the service of documents under, or in accordance with, the Act. This is necessary because service of documents assistance (as with much of the assistance which Australia is able to provide to other countries under the Act) can only be provided to countries to which the Act has been applied.

The Schedule does not list every country on behalf of which Australia could serve documents. It does not list those countries to which the Act has already been applied pursuant to paragraph 7(2)(a) of the Act. (That paragraph provides for application of the Act to give effect to bilateral mutual assistance treaties). It is not possible to apply the Act to a particular country under both paragraphs 7(2)(a) and 7(2)(b) of the Act. Australia could serve documents on behalf of those other countries under the existing bilateral arrangements.

Details of the Regulations are as follows.

Regulation 1 is a citation provision.

Regulation 2 is an interpretation provision.

Regulation 3 applies the Act to all countries specified in the Schedule for the purpose of enabling service of documents on behalf of requesting foreign countries. The application of the Act is limited to application of those Parts of the Act which it is necessary to apply in order to enable the service of documents to take place - namely Parts I, VII and VIII of the Act.

Regulation 4 states that the inclusion of the Federal Republic of Yugoslavia (Serbia and Montenegro) in the Schedule in no way implies Australia's recognition of that entity.