Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (UNITED KINGDOM) REGULATIONS (AMENDMENT) 1993 NO. 111

Statutory Rules 1993 No. 111

Issued by the authority of the Attorney-General

Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (United Kingdom) Regulations (Amendment)

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 Section 7 of the Act provides that regulations may apply the Act to a specified foreign country subject to limitations, conditions, exceptions, or qualifications as are necessary to give effect to a bilateral mutual assistance treaty between Australia and that country. Section 7 also provides that regulations may apply the Act to a specified foreign country other than by way of a mutual assistance treaty.

Pursuant to the above provisions, the Mutual Assistance in Criminal Matters (United Kingdom) Regulations (the principal Regulations) were made in 1990. The principal Regulations provide that the Act applies to the United Kingdom (UK) subject to the Treaty between the Australian and UK Governments concerning the Investigation of Drug Trafficking and the Confiscation of the Proceeds of Drug Trafficking.

The principal Regulations create a mutual assistance in criminal matters relationship between Australia and the UK limited to drug trafficking and related matters. Australia cannot request or provide mutual assistance requests outside the drugs area involving the UK where a prerequisite for such assistance is that the Act apply to the country concerned.

A major investigation into alleged breaches of Australian federal law has Progressed to the point where it is necessary to request 'search and seizure' assistance from the UK authorities. Australia cannot request or provide 'search and seizure' assistance if Part III of the Act does not apply to the country concerned. As the investigation in question relates to a non-drug matter, the principal Regulations do not allow for Australia to seek 'search and seizure' assistance in this matter. To enable the investigation in question to progress, Part III of the Act is made to apply to the UK for non-drug matters.

The Regulations amend the principal Regulations to apply Part III of the Act to the UK in respect of non-drug matters while preserving the treaty relationship in drug matters.

Details of the Regulations are as follows:

Regulation 1 provides that the principal Regulations are amended as set out in these Regulations.

Regulation 2 amends the interpretation regulation 3 in the principal Regulations to include a reference to the Treaty.

Regulation 3 omits regulation 4 in the principal Regulations which applies the Act to the UK subject to the Treaty and substitutes a new regulation 4 which has two effects. First, it applies the Act to the UK subject to the Treaty in matters within the scope of the Treaty. Second, it applies Part III of the Act to the UK in other matters and in doing so applies Parts I and VIII which are necessary for the effective operation of Part III. It also applies Part II. Part II applies in any event but is included in the Regulations to alleviate any doubts about its continued application.