Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (PAPUA NEW GUINEA) REGULATIONS 1991 NO. 244

Statutory Rules 1991 No. 244

Issued by the authority of the Attorney-General

Subiect - Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (Papua New Guinea) Regulations

Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, 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)(b) provides that regulations may make provision that the Act applies in relation to a specified foreign country subject to limitations, conditions, exceptions or qualifications.

The Regulations apply the Act to Papua New Guinea on a limited basis in that they apply only Parts I, II, IV, VII and VIII. Parts III, V and VI are excluded.

The Regulations are necessary to enable a prisoner to be transferred in custody from Papua New Guinea to Australia to give evidence in a drug importation prosecution.

Details of the proposed Regulations are as follows:

Regulation 1 is a citation provision.

Regulation 2 is an interpretation provision.

Subregulation 1 of regulation 3 provides that the Act applies to Papua New Guinea subject to the exceptions specified in subregulation (2).

Subregulation (2) of regulation 3 provides that Parts III, V and VI of the Act do not apply in relation to Papua New Guinea.