Mutual Assistance in Criminal Matters (Vietnam) Amendment Regulation 2016 (Cth)

Mutual Assistance in Criminal Matters (Vietnam) Amendment Regulation 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 13 October 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Michael Keenan

Minister for Justice

Contents

1Name

This is the Mutual Assistance in Criminal Matters (Vietnam) Amendment Regulation 2016.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The later of: (a) the start of the day after this instrument is registered; and (b) immediately after the commencement of the Mutual Assistance in Criminal Matters (Vietnam) Regulation 2015. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.	5 April 2017 (paragraph (b) applies)

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Mutual Assistance in Criminal Matters Act 1987.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Mutual Assistance in Criminal Matters (Vietnam) Regulation 2015

1. 1

   Paragraph (1)(a) of Article 14 of the Treaty set out in Schedule 1

Repeal the paragraph, substitute:

1. (a)

   that person shall not be:

   1. (i)

      detained, prosecuted, punished or subjected to any other restriction of personal liberty in the Requesting Party; or

   2. (ii)

      subject to any civil suit, being a civil suit to which the person could not be subjected if the person were not in the Requesting Party

in respect of any act or omission which preceded the person’s departure from the Requested Party; and