Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (REPUBLIC OF SINGAPORE) REGULATIONS 1993 NO. 233

Statutory Rules 1993 No. 233

Issued by the Authority of the Attorney-General

Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (Republic of Singapore) 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- Section 7 of the Act provides that regulations may apply the Act to a specified foreign country subject to such limitations, conditions, exceptions, or qualifications as may be set out in the regulations. This allows for regulations to be made applying the Act to a specified foreign country by way of a mutual assistance in criminal matters treaty or otherwise.

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.

Prior to the making of the Regulations the Act had not been applied to the Republic of Singapore thereby limiting the assistance that could be sought or provided pursuant to the Act so far as Singapore was concerned.

Criminal proceedings in a matter have progressed to the point where it is necessary to request 'search and seizure' assistance from the Singaporean authorities. By applying Part III of the Act to Singapore Australia may now make 'search and seizure' requests to that country.

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 the Republic of Singapore with the exception of Parts IV, V, VI, VIA and VII thereby in effect applying Parts I, II, III and VIII. Parts 1 and VIII are necessary for operation of Part III. Part II applies in any event but is included in the Regulations to alleviate any doubts about its continued application.