Mutual Assistance in Criminal Matters (Argentine Republic) Regulations 1992 No. 372
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 372
Issued by the authority of the Attorney-General
Mutual Assistance in Criminal Matters Act 1987
Mutual Assistance in Criminal Matters (Argentine Republic) 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 to give effect to a bilateral mutual assistance treaty between Australia and that country.
A treaty on Mutual Assistance in Criminal Matters between the Government of Australia and the Government of the Argentine Republic (the Treaty) was signed on 30 August 1990. A copy of the English text of the Treaty is set out in the Schedule to the Regulations.
Article 22, paragraph 1, of the Treaty provides for each Contracting Party to notify the other in writing of the accomplishment of the procedure required for the entry into force of the Treaty and for the Treaty to enter into force thirty days after the date of such notification. The Argentine Republic has notified Australia that the processes necessary under its law to ratify the Treaty have been completed. Australia's requirement for entry into force of the Treaty is the making of Regulations applying the Act to the Argentine Republic subject to the Treaty.
The Regulations will apply the Act to the Argentine Republic subject to the Treaty.
Details of the Regulations are as follows:
Regulation 1 is a citation provision.
Regulation 2 provides for the Regulations to commence on 3 January 1993 which is the date the Treaty comes into effect between Australia and the Argentine Republic on the basis that the latter is notified of the making of the Regulations thirty days beforehand in accordance with Article 22, paragraph 1, of the Treaty.
Regulation 3 is an interpretation provision.
Regulation 4 applies the Act to the Argentine Republic subject to the Treaty the English text of which is reproduced as a Schedule to the Regulations.
Overview
The Mutual Assistance in Criminal Matters (Argentine Republic) Regulations 1992 were enacted to provide a legal framework for the application of the Mutual Assistance in Criminal Matters Act 1987 to the Argentine Republic, pursuant to the bilateral treaty signed on 30 August 1990. These regulations were issued under the authority of the Attorney-General and are designed to facilitate the exchange of information and assistance between the law enforcement agencies of Australia and the Argentine Republic in criminal matters. The primary objective of these regulations is to enable the formal application of the Act to the Argentine Republic, thereby allowing both countries to benefit from the mutual legal assistance provisions outlined in the treaty. This regulatory approach ensures that the Act can be effectively implemented in the context of the specific treaty obligations with the Argentine Republic, addressing the legislative gap that existed prior to the enactment of these regulations.
Scope and Application
The Mutual Assistance in Criminal Matters (Argentine Republic) Regulations 1992 are made under the authority of Section 44 of the Mutual Assistance in Criminal Matters Act 1987, and they specifically apply the provisions of that Act to the Argentine Republic in accordance with the bilateral Treaty on Mutual Assistance in Criminal Matters signed on 30 August 1990. This legislative instrument is designed to facilitate the legal cooperation between the two countries in criminal matters, ensuring that the Act's provisions can be effectively implemented in relation to the Argentine Republic. The Regulations themselves come into effect on 3 January 1993, the date on which the Treaty is set to enter into force, contingent upon the Argentine Republic's notification of the completion of its internal processes thirty days prior to this date. The Regulations include a citation provision, an interpretation section, and a provision that specifically applies the Act to the Argentine Republic subject to the Treaty, which is detailed in the Schedule to the Regulations. These Regulations ensure that the Act's provisions can be applied consistently with the mutual assistance treaty, thereby extending the scope of the Act's application to encompass the Argentine Republic.
Key Provisions
The Mutual Assistance in Criminal Matters (Argentine Republic) Regulations 1992 (No. 372) outline the implementation of the Mutual Assistance in Criminal Matters Act 1987 (the Act) with respect to the Argentine Republic. These regulations are instrumental in formalising the legal framework for mutual criminal justice cooperation between Australia and Argentina, in line with the Treaty signed on 30 August 1990. Regulation 4 applies the Act to the Argentine Republic, subject to the Treaty, ensuring that the legislative provisions of the Act are effectively extended to include Argentina as a partner in criminal justice matters.
The regulations impose specific obligations on the parties involved. For instance, they require both countries to comply with the mutual assistance procedures outlined in the Treaty. This includes the transmission of requests for assistance, the provision of evidence, and the execution of judicial documents, among other things. Both Australia and Argentina are mandated to establish mechanisms for the efficient and effective exchange of information and cooperation in criminal investigations and proceedings.
Failure to adhere to the obligations set forth in the regulations can result in significant consequences. While the regulations themselves do not explicitly outline specific offences or penalties, breaches of the mutual assistance procedures provided for in the Treaty could potentially lead to legal ramifications under the Act. The Act includes provisions for penalties in cases where there is non-compliance, although the specific penalties are detailed in the Act itself rather than in the regulations. For example, under Section 55 of the Act, a person found guilty of an offence may face imprisonment for a term that can extend up to five years, a fine, or both, depending on the nature and severity of the breach.
Overall, the Mutual Assistance in Criminal Matters (Argentine Republic) Regulations 1992 serve to operationalise the cooperative legal framework established between Australia and Argentina. They ensure that both countries are bound by a common set of rules and procedures for mutual assistance in criminal matters, thereby facilitating smoother and more effective collaboration in the pursuit of justice.