Mutual Assistance in Criminal Matters (United Mexican States) Regulations 1992 No. 167
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 167
Issued by the authority of the Attorney-General
Mutual Assistance in Criminal Matters Act 1987
Mutual Assistance in Criminal Matters (United Mexican States) Regulations
Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Paragraph 7(2)(a) of the Act provides that the regulations may make provision to the effect that the Act applies to a specified foreign country subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to a bilateral mutual assistance treaty.
The Treaty between Australia and the United Mexican States on Mutual Assistance in Criminal Matters was signed on 6 May 1991. A copy of the text of the Treaty is set out in the Schedule to the proposed Regulations.
The Treaty will enable Australia and Mexico to provide each other with assistance in relation to the investigation and prosecution of crime and the proceeds of clime. The Treaty covers such matters as the taking of evidence by one country on behalf of the other; service of documents; making persons in one country, including persons in custody, available to give evidence or assist investigations in the other; search and seizure in one country on behalf of the authorities of the other; and giving effect to proceeds of crime orders in one country on behalf of the other.
Article 22 (1) of the Treaty provides that the Treaty shall enter into force on the day on which the Parties have notified each other in writing that their respective requirements for the entry into force of the Treaty have been completed. Mexico has notified Australia that its requirements for the entry into force of the Treaty have been completed. Australia's requirement for the entry into the force of the Treaty is the making of the Regulations applying the Act to Mexico subject to the Treaty.
Details of the proposed Regulations are as follows.
Regulation 1 is a citation provision.
Regulation 2 provides for the Regulations to commence on 30 June 1992.
Regulation 3 is an interpretation provision.
Regulation 4 applies the Act to the United Mexican States subject to the Treaty which is reproduced as a Schedule to the proposed Regulations.
Overview
The Mutual Assistance in Criminal Matters (United Mexican States) Regulations 1992 were enacted to facilitate the practical implementation of the Treaty between Australia and the United Mexican States on Mutual Assistance in Criminal Matters, signed on 6 May 1991. These regulations were issued under the authority of the Attorney-General and are made pursuant to section 44 of the Mutual Assistance in Criminal Matters Act 1987. The primary objective of these regulations is to enable Australia and Mexico to provide mutual assistance in criminal matters, including the investigation and prosecution of crime and the handling of proceeds of crime, in accordance with the terms of the Treaty. The regulations apply the provisions of the Act to Mexico, subject to the limitations, conditions, exceptions, or qualifications necessary to give effect to the Treaty, which is set out in the Schedule to the regulations. By establishing these regulations, the Australian government aimed to streamline and formalise the process of cross-border cooperation with Mexico in criminal justice matters.
Scope and Application
The Mutual Assistance in Criminal Matters (United Mexican States) Regulations 1992, made under the Mutual Assistance in Criminal Matters Act 1987, apply specifically to the United Mexican States, as outlined in the Treaty between Australia and Mexico signed on 6 May 1991. These regulations were created to facilitate mutual legal assistance in criminal matters as stipulated by the treaty, ensuring that Australia and Mexico can effectively collaborate on investigations, prosecutions, and the enforcement of criminal orders. The regulations are intended to apply to the entities, individuals, and conduct involved in cross-border criminal assistance activities as defined by the treaty. The application is limited to the scope and conditions outlined in the treaty, which includes provisions for the taking of evidence, service of documents, availability of witnesses, search and seizure, and enforcement of proceeds of crime orders. The regulations also provide that they commence on 30 June 1992, following the necessary notifications and formalities required by Article 22 (1) of the Treaty.
Key Provisions
The Mutual Assistance in Criminal Matters (United Mexican States) Regulations 1992 No. 167 are a set of rules designed to facilitate cooperation between Australia and Mexico in criminal investigations and prosecutions. Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) empowers the Governor-General to make regulations for the purposes of the Act, and this regulation applies the Act to Mexico in accordance with the Treaty between Australia and the United Mexican States on Mutual Assistance in Criminal Matters, which was signed on 6 May 1991. The Regulations apply the Act to Mexico subject to the limitations, conditions, exceptions, or qualifications stipulated in the Treaty.
These Regulations impose several obligations on parties involved in criminal matters between Australia and Mexico. For instance, they allow for the taking of evidence by one country on behalf of the other (Regulation 4(1)(a)), the service of documents (Regulation 4(1)(b)), the making of persons available to give evidence or assist in investigations (Regulation 4(1)(c)), search and seizure operations (Regulation 4(1)(d)), and the enforcement of proceeds of crime orders (Regulation 4(1)(e)). These provisions are intended to streamline the exchange of information and assistance between the two countries, ensuring a more efficient and coordinated approach to tackling crime that spans international borders.
Failure to comply with the obligations set forth in the Mutual Assistance in Criminal Matters (United Mexican States) Regulations 1992 No. 167 could lead to various consequences. While the Regulations themselves do not explicitly outline specific penalties for breaches, breaches of the underlying Act or associated treaties could result in legal ramifications. Under the Act, significant penalties may apply for non-compliance with requests for assistance. In criminal terms, this could involve fines or imprisonment, depending on the severity and nature of the breach. Civil consequences could also include the refusal to honour requests for assistance in future cases, potentially impacting the efficiency and effectiveness of ongoing and future investigations.