Mutual Assistance in Criminal Matters (Papua New Guinea) Regulations 1991 No. 244
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 244
Issued by the authority of the Attorney-General
Subject - Mutual Assistance in Criminal Matters Act 1987
Mutual Assistance in Criminal Matters (Papua New Guinea) Regulations
Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) 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 regulations may make provision that the Act applies in relation to a specified foreign country subject to limitations, conditions, exceptions or qualifications.
The Regulations apply the Act to Papua New Guinea on a limited basis in that they apply only Parts I, II, IV, VII and VIII. Parts III, V and VI are excluded.
The Regulations are necessary to enable a prisoner to be transferred in custody from Papua New Guinea to Australia to give evidence in a drug importation prosecution.
Details of the proposed Regulations are as follows:
Regulation 1 is a citation provision. Regulation 2 is an interpretation provision.
Subregulation 1 of regulation 3 provides that the Act applies to Papua New Guinea subject to the exceptions specified in subregulation (2).
Subregulation (2) of regulation 3 provides that Parts III, V and VI of the Act do not apply in relation to Papua New Guinea.
Overview
The Mutual Assistance in Criminal Matters (Papua New Guinea) Regulations 1991, issued under the authority of the Attorney-General, were enacted to provide specific application of the Mutual Assistance in Criminal Matters Act 1987 to Papua New Guinea. These regulations were necessary to ensure that certain parts of the Act could be effectively implemented in the context of Papua New Guinea, particularly to facilitate the transfer of prisoners for the purpose of providing evidence in criminal cases. The regulations apply only selected parts of the Act, specifically Parts I, II, IV, VII, and VIII, while excluding Parts III, V, and VI. This targeted application was intended to address the specific need for prisoner transfers in the context of drug importation prosecutions. The enactment of these regulations aimed to streamline the process of mutual assistance in criminal matters between Australia and Papua New Guinea, ensuring that legal procedures could be efficiently carried out while maintaining the integrity and scope of the overarching Act.
Scope and Application
The Mutual Assistance in Criminal Matters (Papua New Guinea) Regulations 1991, which are made under the Mutual Assistance in Criminal Matters Act 1987, establish the application of the Act specifically to Papua New Guinea, though not in its entirety. The Regulations apply Parts I, II, IV, VII and VIII of the Act to Papua New Guinea, while expressly excluding Parts III, V and VI. This partial application is intended to facilitate the transfer of prisoners from Papua New Guinea to Australia for the purpose of providing evidence in drug importation prosecutions. The Regulations serve to define the scope of the Act's application to Papua New Guinea, ensuring that the provisions are tailored to meet the specific needs of cross-jurisdictional criminal assistance in this context. The exclusion of certain parts of the Act, as specified in the Regulations, highlights a measured approach to the extension of Australian legal processes into another jurisdiction, ensuring that only necessary provisions are invoked.
Key Provisions
The Mutual Assistance in Criminal Matters (Papua New Guinea) Regulations 1991 (the Regulations) implement specific parts of the Mutual Assistance in Criminal Matters Act 1987 (the Act) in relation to Papua New Guinea. According to Regulation 3, the Act applies to Papua New Guinea, but not all parts of it; only Parts I, II, IV, VII, and VIII are applicable, while Parts III, V, and VI are excluded. These provisions are crucial as they establish the scope and limitations of the Act's application to Papua New Guinea. Regulation 2 provides necessary definitions and interpretations to ensure that all parties understand the terms used within the Regulations. Regulation 1 serves as the citation provision, formally identifying the Regulations.
The Act, as applied to Papua New Guinea through these Regulations, imposes several obligations on the parties involved. For instance, the Regulations enable the transfer of prisoners in custody from Papua New Guinea to Australia for the purpose of giving evidence in a drug importation prosecution. This highlights a significant operational requirement, ensuring that the legal process for transferring prisoners is clearly defined and facilitated. The obligations also include ensuring that the transfer of prisoners complies with the specific limitations and conditions set out in the Regulations, which are designed to protect the rights and interests of the individuals involved.
Failure to comply with the provisions of the Act or the Regulations can lead to various legal consequences. While the Explanatory Statement does not detail specific offences or penalties, it is implied that breaches of the Act could result in legal action under the relevant sections of the Act. For instance, unauthorised actions related to the transfer of prisoners could potentially be prosecuted under criminal law, with penalties that may include fines and imprisonment. Similarly, civil liabilities could arise from any harm or loss resulting from non-compliance with the Regulations. The maximum penalties would depend on the specific breach and the jurisdiction under which the offence is prosecuted.