Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (REPUBLIC OF KOREA) REGULATIONS 1993 NO. 305

Statutory Rules 1993 No. 305

Issued by the Authority of the Attorney-General

Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (Republic of Korea) 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.

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 Korea signed a mutual assistance in criminal matters treaty on 25 August 1992. The Treaty, once in force, binds the two countries under international law to provide each other with the kinds of assistance listed above. On 11 December 1992 the Republic of Korea notified Australia, in accordance with Article 22 of the Treaty, that its domestic requirements for the Treaty's entry into force had been satisfied. The proposed Regulations, if made, will enable Australia to give domestic effect to the Treaty. The Treaty enters into force 30 days after each party has notified the other that its requirements for entry into force have been completed. Should the proposed Regulations be made, a note will be provided to Korea on 19 November 1993, 30 days before the Regulations commence and the Treaty enters into force, notifying Korea that Australia's requirements for the Treaty's entry into force have been complied with.

Details of the Regulations are as follows:

Regulation 1 is a citation provision.

Regulation 2 provides that the Regulations commence on 19 December 1993 on which date the Treaty comes into force between Australia and Korea.

Regulation 3 is an interpretation provision.

Regulation 4 applies the Act to Korea subject to the Treaty, a copy of the English language text of which is set out in the Schedule.