Mutual Assistance in Criminal Matters (Sweden) Amendment Regulations 2001 (No. 1) 2001 No. 304
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 304
Issued by the Authority of the Minister for Justice and Customs
Mutual Assistance in Criminal Matters Act 1987
Mutual Assistance in Criminal Matters (Sweden) Amendment Regulations 2001 (No. 1)
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. Paragraph 7(2)(a) of the Act provides that regulations may provide that the Act applies to a specified foreign country subject to any mutual assistance treaty between that country and Australia that is referred to 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 and the location, restraint and forfeiture of proceeds of crime.
The Regulations postpone the commencement date of the Mutual Assistance in Criminal Matters (Sweden) Regulations 2001 (Statutory Rules 2001 No. 120) (the principal Regulations). This has been necessitated by a postponement of the date of entry into force of the Treaty between the Government of Australia and the Government of Sweden on Mutual Assistance in Criminal Matters, signed at Stockholm on 18 December 1998 (the Treaty).
The principal Regulations are expressed to commence on 1 November 2001. This was intended to ensure that the principal Regulations commence on the same date as the Treaty enters into force. Article 22 of the Treaty provides that the Treaty shall enter into force on the first day of the second month after the exchange of instruments of ratification by the Parties. When the principal Regulations were made it was anticipated that the instruments of ratification would be exchanged during September 2001. However, it has become necessary to postpone exchange of the instruments of ratification until early October 2001. Accordingly, the Treaty will not enter into force until 1 December 2001.
Details of the Regulations are as follows:
Regulation 1 specifies the name of the Regulations.
Regulation 2 provides for the Regulations to commence on gazettal.
Regulation 3 provides that the principal Regulations are amended by Schedule 1.
Schedule 1 to the Regulations amends regulation 2 of the principal Regulations to provide that the principal Regulations commence on 1 December 2001.
Overview
The Mutual Assistance in Criminal Matters (Sweden) Amendment Regulations 2001 (No. 1) were enacted in 2001 and were issued under the authority of the Minister for Justice and Customs. These Regulations are amendments to the Mutual Assistance in Criminal Matters Act 1987 and were introduced to address the need to align the commencement date of the Mutual Assistance in Criminal Matters (Sweden) Regulations 2001 with the postponed entry into force of the Treaty between Australia and Sweden on Mutual Assistance in Criminal Matters. The original Mutual Assistance in Criminal Matters Act 1987 was established to facilitate international cooperation in criminal matters, enabling Australia to request or provide various forms of assistance such as the taking of evidence, search and seizure, witness arrangements, and forfeiture of criminal proceeds. The primary objective of these amendments was to ensure the timing of the regulations and the treaty was synchronised, thereby facilitating the effective implementation of the treaty provisions.
Scope and Application
The Mutual Assistance in Criminal Matters (Sweden) Amendment Regulations 2001 (No. 1) pertain to the application and enforcement of the Mutual Assistance in Criminal Matters Act 1987. These Regulations are specifically tailored to align with the Treaty between the Government of Australia and the Government of Sweden on Mutual Assistance in Criminal Matters, signed in Stockholm on 18 December 1998. The Act enables Australia to engage in various forms of international mutual assistance in criminal matters, including the taking of evidence, search and seizure, arrangements for witness cooperation, and the location, restraint, and forfeiture of criminal proceeds. The Amendment Regulations adjust the commencement date of the Mutual Assistance in Criminal Matters (Sweden) Regulations 2001, ensuring that they align with the Treaty's effective date. This adjustment reflects the delay in the exchange of ratification instruments, thereby postponing the Treaty's entry into force from 1 November 2001 to 1 December 2001. The Regulations apply to the conduct and transactions necessary for facilitating mutual assistance between Australia and Sweden, contingent upon the mutual assistance treaty between the two countries.
Key Provisions
The Mutual Assistance in Criminal Matters (Sweden) Amendment Regulations 2001 (No. 1) (the Regulations) modify the Mutual Assistance in Criminal Matters (Sweden) Regulations 2001 (the principal Regulations) to align with the delayed commencement of the Treaty between Australia and Sweden on Mutual Assistance in Criminal Matters. Regulation 3 and Schedule 1 amend the principal Regulations to change the commencement date from 1 November 2001 to 1 December 2001. This change ensures that the Regulations will take effect on the same day as the Treaty, which has been postponed due to a delay in the exchange of ratification instruments.
Under these Regulations, the parties or entities governed by the principal Regulations, including law enforcement agencies and judicial authorities, are required to adjust their processes to reflect the new commencement date. This includes ensuring that all procedures and documentation related to mutual assistance in criminal matters are aligned with the Treaty's effective date. The obligations imposed by the Regulations necessitate that these entities prepare for the implementation of the Treaty, including training and resource allocation to facilitate the new cooperative arrangements with Sweden.
Breaches of the Regulations may result in civil or criminal consequences depending on the severity and intent of the non-compliance. While the specific penalties for non-compliance with these Regulations are not explicitly stated in the Explanatory Statement, the Mutual Assistance in Criminal Matters Act 1987 provides a framework for potential penalties. Under the Act, penalties can include fines and imprisonment for serious breaches, particularly those that impede the administration of justice or the execution of the Treaty. The exact penalties would be determined based on the nature of the breach and relevant legal provisions.