Document ID: chunk:federal_register_of_legislation:F1996B01852:body:0:p1
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Statutory Rules 1994   No. 991
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Mutual Assistance in Criminal Matters (Grand Duchy of Luxembourg) Regulations

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Mutual Assistance in Criminal Matters Act 1987.

Dated 13 April 1994.

 P. BENNETT
 Administrator
By His Excellency's Command,

M. LAVARCH
Attorney-General

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Citation

 1. These Regulations may be cited as the Mutual Assistance in Criminal Matters (Grand Duchy of Luxembourg) Regulations.

Commencement

 2. These Regulations commence on 15 May 1994.

Interpretation

 3. In these Regulations, unless the contrary intention appears:
"the Act" means the Mutual Assistance in Criminal Matters Act 1987.

Application of Act

 4. The Act applies to the Grand Duchy of Luxembourg subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty between Australia and the Grand Duchy of Luxembourg on Mutual Assistance in Criminal Matters done at Luxembourg on 24 October 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

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 SCHEDULE Regulation 4

TREATY BETWEEN AUSTRALIA AND THE GRAND DUCHY OF LUXEMBOURG ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
Australia and the Grand Duchy of Luxembourg

DESIRING to extend to each other the widest measure of cooperation to combat crime,

HAVE AGREED as follows:

ARTICLE 1

SCOPE OF APPLICATION

 1. The Contracting States shall, in accordance with this Treaty, grant to each other assistance in investigations or proceedings in respect of criminal matters.

 2. Such assistance shall consist of:
      (a) taking of evidence and obtaining of statements of persons;
      (b) provision of documents and other records;
      (c) location and identification of persons;
      (d) execution of requests for search and seizure, as well as for identifying, restraining, confiscating and returning of the proceeds of crime;
      (e) making prisoners available to give evidence or to assist investigations;
      (f) making other persons available to give evidence or to assist investigations;
      (g) service of documents; and
      (h) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.

 3. Assistance shall not include:
      (a) the arrest or detention of any person with a view to extradition;
      (b) execution of final criminal determinations except to the extent permitted by the law of the Requested State and this Treaty; and
      (c) the transfer of prisoners to serve sentences.

ARTICLE 2

OTHER ASSISTANCE

This Treaty shall not derogate from obligations subsisting between the Contracting States pursuant to other treaties or arrangements nor prevent the Contracting States providing assistance to each other pursuant to other treaties or arrangements.

ARTICLE 3

CENTRAL OFFICE

 1. The Contracting States shall each