Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (FINLAND) REGULATIONS 1994 NO. 84

Statutory Rules 1994 No. 84

Issued by the Authority of the Attorney-General

Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (Finland) 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 the 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 Finland signed a mutual assistance in criminal matters treaty on 22 June 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 31 January 1994 Finland notified Australia, in accordance with Article 20 of the Treaty, that its 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 the Contracting States have notified each other that they have complied with their respective requirements for the entry into force of the Treaty. Should the proposed Regulations be made, a note will be provided to Finland on 31 March 1994, 30 days before the Regulations commence and the Treaty enters into force on 30 April 1994, notifying Finland that Australia's prequirements 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 30 April 1994 on which date the Treaty comes into force between Australia and Finland.

Regulation 3 is an interpretation provision.

Subregulation 4(1) applies the Act to Finland subject to the Treaty, and Subregulation 4(2) provides that a copy of the English language text is set out in the Schedule.