EXPLANATORY MEMORANDUM
Minute No. 441 of 1990 - Attorney-General
Subject - Mutual Assistance in Criminal Matters Act 1987
Mutual Assistance in Criminal Matters (Spain) Regulations
Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Paragraph 7(2)(a) of the Act provides that regulations may apply the Act to a specified foreign country to give effect to a bilateral mutual assistance treaty.
The Minute recommends the making of the Mutual Assistance in Criminal Matters (Spain) Regulations (the proposed Regulations) under section 44 and paragraph 7(2)(a) of the Act, applying the Act to Spain subject to the Treaty On Mutual Assistance in Criminal matters Between Australia and the Kingdom of Spain done at Madrid on 3 July 1989 (the Treaty). A copy of the Treaty is set out in the Schedule to the proposed Regulations.
Article 22, paragraph 1, of the Treaty provides for the Treaty to enter into force on the last day of the month following the month in which Spain and Australia have notified each other in writing through the diplomatic channel that their respective requirements for entry into force have been complied with. Spain has notified Australia accordingly. Australia’s requirement for the entry into force of the Treaty is the making of the proposed Regulations. Australia will give the appropriate notice to Spain following the making of the proposed Regulations.
Details of the proposed Regulations are as follows:
Regulation 1 is a citation provision.
Regulation 2 provides for the Regulations to commence on 31 January 1991.
Regulation 3 is an interpretation provision.
Regulation 4 applies the Act to Spain subject to the provisions of the Treaty which is reproduced as a Schedule to the Regulations.
The Minute recommends that Regulations be made in the form proposed.
Authority: Section 44 and paragraph 7(2) (a) of the Mutual Assistance in Criminal Matters Act 1231-