EXPLANATORY STATEMENT
STATUTORY RULES 1989 No 116
Subject - Mutual Assistance in Criminal Matters Act 1987 Mutual Assistance in Criminal Matters (Japan) Regulations
Section 44 provides that the Governor-General may make regulations, not inconsistent with the Act, 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. Paragraph 7(2)(b) provides that the regulations may make provision to the effect that the Act applies in relation to a specified foreign country subject to other limitations, conditions, exceptions or qualifications.
The proposed Regulations apply the Act to Japan with the exception of Parts IV (Arrangements for Persons to Give Evidence or Assist Investigations) and Part VI (Proceeds of Crime).
The proposed Regulations will enable Australia to provide to Japan the types of assistance referred to in the remaining Parts of the Act (Part III - search and seizure, Part V - custody of persons in transit, Part VII - service of documents; Part II assistance - taking of evidence and production of documents or other articles -does not require application of the Act to the requesting country) thereby providing reciprocity for the granting of assistance by Japan to Australia under its mutual assistance legislation.
Details of the proposed Regulations are as follows:
Clause 1 is a citation clause.
Clause 2 is an interpretation clause.
Subclause 1 of clause 3 provides that the Act applies in relation to Japan subject to the exceptions in subclause 2.
Subclause 2 of clause 3 provides that Parts IV and VI of the Act do not apply in relation to Japan.