EXPLANATORY STATEMENT
Subject: Mutual Assistance in Criminal Matters Act 1987
Mutual Assistance in Criminal Matters (Swiss Confederation) Regulations
Statutory Rules 1988 No. 385
Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (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. Subsection 7(1) provides that the regulations may provide that the Act applies to a foreign country specified in the regulations.
The Mutual Assistance in Criminal Matters (Swiss Confederation) Regulations (the Regulations) apply the Act to the Swiss Confederation without limitations, conditions, exceptions or qualifications.
Australia does not yet have a bilateral mutual assistance in criminal matters treaty with the Swiss Confederation. The Regulations will enable Australia to grant such assistance as is available under the Act to the Swiss Confederation. Until a treaty is signed and further regulations are made to give effect to the treaty, Australia is prepared to grant such assistance to the Swiss Confederation on the basis of reciprocity.
It is intended that the Regulations will commence on the date the Regulations are notified in the Commonwealth of Australia Gazette.
Details of the Regulations are as follows:
Regulations 1 and 2 are the citation and interpretation provisions.
Regulation 3 applies the Act to the Swiss Confederation.