Mutual Assistance in Criminal Matters (State of Israel) Regulations 1995 No. 252
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 252
Issued by the Authority of the Attorney-General
Mutual Assistance in Criminal Matters Act 1987
Mutual Assistance in Criminal Matters (State of Israel) 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. Subsection 7(2) of the Act provides that regulations may apply the Act to a foreign country subject to such limitations, conditions, exceptions, or qualifications referred to in the regulations in accordance with subsection 7(2AA). Paragraph 7(2AA)(a) provides that the regulations may give effect to a bilateral mutual assistance treaty between Australia and that country, being a treaty a copy of which is set out in the regulations.
The Act enables Australia to grant or request the following kinds of international mutual assistance in criminal matters: taking of evidence, search and seizure, arrangements for witnesses to give evidence or assist in investigations, service of documents and the restraint, forfeiture and confiscation of proceeds of crime. For Australia to grant or request assistance under the Act, with the exception of the taking of evidence, the Act must apply by regulations to the country concerned. The regulations may give effect to a treaty or otherwise.
Australia and Israel signed a mutual assistance in criminal matters treaty on 24 August 1994. The Treaty, once in force, binds the two countries under international law to provide each other with the kinds of assistance listed above. On 9 July 1995 Israel notified Australia, in accordance with Article 22 of the Treaty, that its requirements for the Treaty's entry into force had been complied with. The Regulations will enable Australia to give domestic effect to the Treaty. The Treaty enters into force 30 days after the Contracting Parties have notified each other that they have complied with their respective requirements for the entry into force of the Treaty. The Israeli Government will be notified on 24 August 1995 that Australia's requirements for the Treaty's entry into force have been complied with. Thirty days after that date, that is on 23 September 1995, the Treaty will enter into force between Australia and Israel, which is also the commencement date of the Regulations.
Details of the Regulations are as follows:
Regulation 1 is a citation provision.
Regulation 2 provides that the Regulations commence on 23 September 1995, on which date the Treaty comes into force between Australia and Israel.
Regulation 3 is an interpretation provision.
Subregulation 4(1) applies the Act to the State of Israel subject to the Treaty, and Subregulation 4(2) provides that a copy of the English language text of the Treaty is set out in the Schedule.
Overview
The Mutual Assistance in Criminal Matters (State of Israel) Regulations 1995 No. 252 were enacted to give domestic effect to the Mutual Assistance in Criminal Matters Treaty signed between Australia and Israel on 24 August 1994. These regulations were introduced under the authority of the Attorney-General, pursuant to Section 44 of the Mutual Assistance in Criminal Matters Act 1987. The primary objective of the Act, as stated in the explanatory statement, is to facilitate various forms of international mutual assistance in criminal matters, including the taking of evidence, search and seizure, arrangements for witnesses, service of documents, and the restraint, forfeiture, and confiscation of proceeds of crime. The Mutual Assistance in Criminal Matters (State of Israel) Regulations 1995 ensure that the Act applies to Israel, thereby enabling both countries to legally and effectively cooperate in criminal matters in accordance with the terms of their bilateral treaty.
Scope and Application
The Mutual Assistance in Criminal Matters (State of Israel) Regulations 1995 provides the domestic legal framework under which Australia can give effect to the mutual assistance treaty signed with Israel on 24 August 1994. The Act applies to the State of Israel in accordance with the treaty, enabling Australia to provide and receive various forms of assistance in criminal matters such as the taking of evidence, search and seizure, witness arrangements, service of documents, and forfeiture of proceeds of crime. The Regulations commence on 23 September 1995, the date on which the Treaty enters into force between the two countries. The Regulations give effect to the treaty by applying the provisions of the Mutual Assistance in Criminal Matters Act 1987 to Israel, with any limitations, conditions, exceptions or qualifications contained in the treaty. The scope of application of the Act and Regulations is limited to the State of Israel, and they do not extend to any other country unless and until further regulations are made under the Act.
Key Provisions
The Mutual Assistance in Criminal Matters (State of Israel) Regulations 1995 (the Regulations) apply the Mutual Assistance in Criminal Matters Act 1987 (the Act) to the State of Israel in accordance with the Treaty on Mutual Assistance in Criminal Matters between Australia and Israel. This is done to facilitate cooperation between the two countries in criminal investigations and proceedings by allowing for the exchange of evidence, assistance with search and seizure, witness arrangements, service of documents, and the handling of proceeds of crime. Regulation 4(1) sets out the application of the Act to Israel, while Regulation 4(2) includes the English version of the Treaty in the Schedule.
Under the Regulations, Australian authorities are empowered to request and provide the specified types of mutual assistance to and from Israel. This includes the ability to take evidence, execute search and seizure operations, arrange for witnesses to give evidence or assist in investigations, serve documents, and handle the restraint, forfeiture, and confiscation of proceeds of crime. These provisions are aimed at enhancing the effectiveness of criminal investigations and proceedings by ensuring that both countries can support each other in gathering evidence and enforcing laws.
Entities and parties governed by the Regulations must comply with the procedures and obligations outlined in the Act and the Treaty. This includes ensuring that requests for mutual assistance are made through the appropriate channels and that any evidence or information provided is handled in accordance with the law. Additionally, the Regulations require that all actions taken under the authority of the Act and Treaty are lawful and do not infringe upon the rights of individuals.
Failure to comply with the Regulations can lead to legal consequences. While the Regulations themselves do not explicitly list penalties, breaches of the Act or the Treaty could potentially lead to criminal or civil liabilities. For instance, providing false information or misusing the authority granted under the Regulations could result in criminal charges. Additionally, any party that fails to comply with the mutual assistance requests in good faith could face consequences under the Treaty or domestic law, including the potential for legal action to enforce compliance. The specific penalties would depend on the nature of the breach and applicable laws.