EXPLANATORY STATEMENT
STATUTORY RULES 1989 No. 215
Subject- Mutual Assistance in Criminal Matters Act 1987
Mutual Assistance in Criminal Matters (Republic of Vanuatu) Regulations
Section 44 of 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 the Republic of Vanuatu on a limited basis. Parts 1, 2 and 4 only of the Act are applied to the Republic of Vanuatu at this stage.
The Regulations will be superceded in due course by regulations applying the whole of the Act to the Republic of Vanuatu.
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 the Republic of Vanuatu subject to the exceptions specified in subclause 2.
Subclause 2 of clause 3 provides that Parts 3, 5 and 6 of the Act do not apply in relation to the Republic of Vanuatu.
The Minute recommends that the Regulations be made in the form proposed.