Mutual Assistance in Criminal Matters (Suppression of Terrorist Bombings) Regulations 2002 2002 No. 202
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 202
Issued by the authority of the Minister for Justice and Customs
Mutual Assistance in Criminal Matters Act 1987
Mutual Assistance in Criminal Matters (Suppression of Terrorist Bombings) Regulations 2002
Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) provides that the Governor-General may make regulations prescribing all 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.
Section 7 provides that the regulations may apply the Act to a foreign country subject to any multilateral mutual assistance treaty (being a treaty to which that country is a party) that is referred to in the regulations. The application of the Act to such foreign countries is subject to the limitations, conditions, exceptions or qualifications that are necessary to give effect to the treaty in relation to the provision of assistance in criminal matters.
The Regulations give effect in Australian domestic law to the mutual assistance provisions of the International Convention on the Suppression of Terrorist Bombings (the Convention) done at New York on 15 December 1997.
The Convention requires each party to make it an offence to unlawfully and intentionally deliver, place, discharge or detonate (or attempt to unlawfully and intentionally deliver, place, discharge or detonate) an explosive or other lethal device in, into or against a place of public use, a State or government facility, a public transportation system or an infrastructure facility with the intent to cause death or serious bodily injury, or with the intent to cause extensive destruction of such a place, facility or system, where such destruction results in or is likely to result in major economic loss.
Article 10 of the Convention provides for mutual assistance between parties of persons accused of Convention offences. Australia acceded to the Convention on 9 August 2002. The Convention enters into force for Australia on 8 September 2002.
The Regulations provide that, subject to the Convention, the Act applies to parties to the Convention.
Mutual assistance under the Regulations operates in accordance with the Act, and is subject to the various safeguards set out in the Act. For example, mutual assistance is not to be provided where the request relates to the prosecution or punishment of a person for political or military offences, or where the prosecution or punishment is on account of a person's race, sex, religion, nationality or political opinions. Mutual assistance must be refused where the fugitive could be liable to the death penalty, unless the Attorney-General considers that such assistance should be given.
The Regulations commence on the commencement of Schedule 1 to the Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002. A separate minute to the Federal Executive Council is recommending that Schedule 1 commence on 8 September 2002 to coincide with the date that the Convention enters into force in Australia. This Act received Royal Assent on 3 July 2002.
Details of the Regulations are as follows:
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on the date of commencement of Schedule 1 to the Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002.
Regulation 3 defines terms used in the Regulations.
Regulation 4 provides that the Act applies to each country specified in Schedule 2, subject to the Convention.
Schedule 1 contains the text of the International Convention for the Suppression of Terrorist Bombings.
Schedule 2 lists extradition countries to which the Act applies subject to the Convention.
Overview
The Mutual Assistance in Criminal Matters (Suppression of Terrorist Bombings) Regulations 2002 were enacted to address the problem of terrorist bombings, which can cause significant loss of life and property, and to facilitate international cooperation in combating such activities. The Act was introduced by the Australian Parliament and received Royal Assent on 3 July 2002. The primary policy objective of these Regulations is to align Australian domestic law with the International Convention on the Suppression of Terrorist Bombings, which was adopted in New York on 15 December 1997. The Regulations aim to ensure that Australia can effectively provide and receive mutual legal assistance in criminal matters related to terrorist bombings, in accordance with the Convention and the Mutual Assistance in Criminal Matters Act 1987. By doing so, Australia enhances its capability to prosecute and punish individuals involved in terrorist bombings, while also adhering to the safeguards and conditions set out in the Act, such as the prohibition of assistance in cases involving political or military offences, or where the death penalty may be imposed.
Scope and Application
The Mutual Assistance in Criminal Matters (Suppression of Terrorist Bombings) Regulations 2002 applies to foreign countries that are parties to the International Convention on the Suppression of Terrorist Bombings, as outlined under the Mutual Assistance in Criminal Matters Act 1987. The Act enables Australia to provide mutual assistance in criminal matters with other signatory nations to the Convention, facilitating the prosecution of individuals accused of terrorist bombings, while ensuring that such assistance does not contravene fundamental human rights or political and military exceptions. The Regulations are applicable to conduct and transactions that fall under the scope of the Convention, specifically targeting the unlawful and intentional use of explosive or lethal devices in public areas with the intent to cause death, serious injury, or significant economic damage. The application of the Act to foreign countries is contingent upon the multilateral mutual assistance treaties to which those countries are party, and any limitations, conditions, exceptions, or qualifications necessary to implement these treaties are specified within the Regulations. The scope of the Act is extended through subordinate instruments, which are necessary to align with the Convention and to ensure that mutual assistance is provided in a manner consistent with Australia's international obligations and domestic legal standards.
Key Provisions
The Mutual Assistance in Criminal Matters (Suppression of Terrorist Bombings) Regulations 2002 (the Regulations) give effect to the International Convention on the Suppression of Terrorist Bombings within Australian law. The Regulations align with the Mutual Assistance in Criminal Matters Act 1987 (the Act), ensuring that Australia's domestic legal framework supports international cooperation in criminal matters related to terrorist bombings. Specifically, Regulation 4 stipulates that the Act applies to countries listed in Schedule 2, subject to the terms of the Convention (Reg. 4). These countries are those with which Australia has mutual assistance agreements under the Convention. The Regulations aim to facilitate the extradition and mutual assistance in criminal matters related to the offences defined under the Convention.
The Regulations impose obligations on the parties and entities they govern, requiring adherence to the provisions of the Convention. This includes making it an offence under Australian law to unlawfully and intentionally deliver, place, discharge, or detonate an explosive or lethal device in public places or critical infrastructure with the intent to cause death, serious injury, or significant economic damage (Reg. 3). The Act further mandates that mutual assistance must be provided in accordance with the Convention, with certain safeguards. For instance, assistance cannot be provided if the request pertains to political or military offences, or if the prosecution is based on the person's race, sex, religion, nationality, or political opinions (Reg. 4). Moreover, assistance must be refused if the fugitive could face the death penalty unless the Attorney-General decides otherwise (Reg. 4).
Failure to comply with the provisions of the Regulations can result in serious legal consequences. The Act imposes penalties for the offences outlined in the Convention, which are incorporated into Australian law. Under the Convention, it is a criminal offence to commit acts of terrorist bombings, and the penalties for such offences can include substantial fines and imprisonment (Sch. 1, Art. 10). The exact penalties are determined by the severity of the offence and are consistent with Australian criminal law. Additionally, providing false information or obstructing the process of mutual assistance can lead to further penalties, reflecting the seriousness with which these offences are treated. The Regulations ensure that any breach of the Convention's provisions is met with appropriate legal action, reinforcing the commitment to suppressing terrorist activities both domestically and internationally.