Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (NEW ZEALAND) REGULATIONS 1993 NO. 278

Statutory Rules 1993 No. 278

Issued by the Authority of the Attorney-General

Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (New Zealand) 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 confiscations of 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 New Zealand thereby limiting the assistance that could be sought or provided pursuant to the Act so far as New Zealand was concerned. The Act has been applied to New Zealand because New Zealand has laws enabling it to provide mutual assistance in response to Australian requests and hence can provide reciprocity to Australia.

In addition to the above, the need has arisen for Australia to make a number of requests to New Zealand for 'search and seizure' assistance and to restrain assets. Such assistance may be requested only if the Act applies to New Zealand. Although the Act could have been applied in a limited way to New Zealand to allow these requests to proceed, the Act was applied to New Zealand in toto, for the reasons set out above.

The Regulations will apply the Act to New Zealand in its entirety.

Details of the Regulations are as follows:

Regulation 1 is a citation provision.

Regulation 2 applies the Act in its entirety to New Zealand.