Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (KINGDOM OF THE NETHERLANDS) REGULATIONS 1991 NO. 69

STATUTORY RULES 1991 No. 69

Subject: Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (Kingdom of the Netherlands) Regulations

Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Paragraph 7(2)(a) of the Act provides that regulations may apply the Act to a specified foreign country to give effect to a bilateral mutual assistance treaty.

The Treaty between Australia and the Kingdom of the Netherlands on Mutual Assistance in Criminal Matters was signed at Canberra on 26 October 1988 (the Treaty). A copy of the Treaty is set out in the Schedule to the Regulations.

Details of the Regulations are as follows:

Regulation 1 is a citation provision.

Regulation 2 provides for the Regulations to commence on 1 June 1991.

Regulation 3 is an interpretation provision.

Regulation 4 applies the Act to the Netherlands subject to the provision of the Treaty which is reproduced as a Schedule to the Regulations. Article 1 of the Treaty defines its scope. The Treaty provides for reciprocal rights to have evidence taken, documents served, and property delivered or seized, to request the appearance of witnesses in proceedings in the other state, the provision of public and official documents and the return of proceeds of crime.