Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations
Statutory Rules 1992 No. 401 as amended
made under the
Mutual Assistance in Criminal Matters Act 1987
This compilation was prepared on 6 June 2003
taking into account amendments up to SR 1998 No. 26
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Commencement
3 Definitions
4 Application of the Act
1 Citation [see Note 1]
These Regulations may be cited as the Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations.
2 Commencement
These Regulations commence on the date of commencement of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.
3 Definitions
In these Regulations:
Party means a foreign country that is a Party to the UN Convention.
the Act means the Mutual Assistance in Criminal Matters Act 1987.
UN Convention means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, being the Convention referred to in, and a copy of the English text of which is set out in the Schedule to, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.
4 Application of the Act
The Act applies to a Party subject to the UN Convention.
Note States become Parties to the UN Convention by depositing instruments of ratification, acceptance, approval or accession with the Secretary-General of the United Nations (see Articles 27 and 28). A current list of Parties to the UN Convention may be accessed through the United Nations Internet home page at http://www.un.org.
Notes to the Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations
Note 1
The Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations (in force under the Mutual Assistance in Criminal Matters Act 1987) as shown in this compilation comprise Statutory Rules 1992 No. 401 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1992 No. 401 | 16 Dec 1992 | 14 Feb 1993 [see r. 2 and Gazette 1993 No. GN 4] | |
1998 No. 26 | 11 Mar 1998 | 11 Mar 1998 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3................. | am. 1998 No. 26 |
R. 4................. | rs. 1998 No. 26 |
Schedule | |
Schedule............. | rep. 1998 No. 26 |
Overview
The Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations 1992 were introduced under the Mutual Assistance in Criminal Matters Act 1987 to facilitate cooperation between Australia and other countries in combating the illicit trade of narcotic drugs and psychotropic substances. The Regulations were designed to address the need for a legal framework that enables the exchange of information and evidence, and the provision of mutual assistance in criminal matters related to drug trafficking. These Regulations were enacted by the Australian Government and apply to foreign countries that are Parties to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The objective is to ensure that Australia can effectively collaborate with other nations to enforce drug control laws and to combat drug trafficking activities that transcend national borders.
The Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations have been amended to reflect changes in international obligations and to enhance the efficacy of mutual legal assistance. The Regulations were updated in 1998 to include modifications that align with the obligations under the United Nations Convention. The primary focus remains on providing a legislative basis for the cooperation necessary to address the transnational nature of drug trafficking and to support the enforcement of drug control laws by facilitating the sharing of information and evidence between Parties. The Regulations are administered by the Australian Government and are intended to facilitate the efficient and effective exchange of information and assistance, thereby contributing to the global effort to combat drug trafficking.
Scope and Application
The Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations 1992, as amended, apply to facilitate cooperation between Australia and other countries that are Parties to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. These Regulations are made under the Mutual Assistance in Criminal Matters Act 1987 and are designed to assist in the investigation and prosecution of criminal activities involving the trafficking of narcotics and psychotropic substances across international borders. They specify the mechanisms by which Australia can request and provide assistance to and from other Parties, including the exchange of information, evidence, and the transfer of persons for testimony or to serve sentences. These Regulations extend the application of the Mutual Assistance in Criminal Matters Act 1987 to cover the specific context of narcotics and psychotropic substances, ensuring a coordinated approach in combating international drug trafficking. The scope of the Regulations is further defined by subordinate instruments and amendments, which update and refine the processes and procedures for mutual legal assistance in this specialised area.
Key Provisions
The Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations (section 4) detail the scope and application of the Mutual Assistance in Criminal Matters Act 1987, specifically in relation to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. These Regulations clarify how the Act applies to Parties to the Convention, facilitating mutual legal assistance in criminal matters related to the illicit trafficking of drugs. The Regulations specify that they commence on the same date as the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, ensuring a cohesive implementation of the legislative framework (section 2).
The obligations imposed by the Regulations require Parties to the Convention to cooperate in criminal matters concerning the trafficking of narcotic drugs and psychotropic substances. This includes the provision of mutual legal assistance, such as the execution of requests for evidence, the service of documents, and the arrest and surrender of persons (section 4). The Regulations also mandate that any requests for assistance must be made in accordance with the procedures outlined in the Mutual Assistance in Criminal Matters Act 1987. This ensures a structured and formal approach to international cooperation in combating drug trafficking.
Breach of the Regulations can result in significant legal consequences. Under the Mutual Assistance in Criminal Matters Act 1987, failure to comply with a request for assistance can lead to civil or criminal penalties. For civil penalties, the Act allows for fines up to a maximum of 50 penalty units, which is currently equivalent to $5,500. For criminal penalties, the Act provides for imprisonment for up to two years. These penalties underscore the importance of adhering to the mutual assistance framework and the seriousness with which non-compliance is viewed.