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Statutory Rules 1990 No. 221

Mutual Assistance in Criminal Matters
(Canada) Regulations

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

Dated 7th February 1990.

BILL HAYDEN

Governor-General
By His Excellency's Command,

Lionel Bowen
Attorney-General

Citation
1. These Regulations may be cited as the Mutual Assistance in Criminal Matters (Canada) Regulations.

Commencement
2. These Regulations commence on 14 March 1990.

Interpretation
3. In these Regulations:
      "the Act" means the Mutual Assistance in Criminal Matters Act 1987:
      "the Treaty" means the Treaty between Australia and Canada done at Ottawa on 19 June 1989 (being the treaty a copy of the English text of which is set out in the Schedule to these Regulations).
(S.R. 16/90)—Cat. No. 14/24.1.1990.

Application of the Act
4. The Act applies in relation to Canada subject to the provisions of the Treaty.

SCHEDULE Regulation 3

TREATY BETWEEN
THE GOVERNMENT OF AUSTRALIA
AND
THE GOVERNMENT OF CANADA
ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
THE GOVERNMENT OF AUSTRALIA AND THE
GOVERNMENT OF CANADA
DESIRING to improve the effectiveness of both countries in the investigation, prosecution and suppression of crime through cooperation and mutual assistance in law enforcement matters,
HAVE AGREED AS FOLLOWS:

ARTICLE I—DEFINITIONS

For the purposes of this Treaty,
"central authority" means
      (a) for Canada, the Minister of Justice or officials designated by that Minister:
      (b) for Australia, the Attorney-General's Department Canberra:
  "competent authority" means any person or authority with responsibility for matters related to the investigation or prosecution of offences:
"offence" means
      (a) in relation to Canada, any offence created by a law of Parliament that may be prosecuted upon indictment, or an offence created by a Legislature of a Province and specified in the Annex;
      (b) in relation to Australia, any offence against the law of Australia or a part of Australia that falls or would fall within the jurisdiction of its courts and for which the penalty is a term of imprisonment of one year or more:
"request" means a request made under this Treaty.

ARTICLE II—SCOPE OF APPLICATION

1. The Parties shall provide, in accordance with the provisions of this Treaty, mutual assistance in all matters relating to the investigation, prosecution and suppression of offences.
2. Assistance shall include:
      (a) exchanging information and objects:
      (b) locating or identifying persons, objects and sites:
      (c) serving documents;
      (d) taking of evidence and obtaining of statements of persons:
      (e) executing requests for searches and seizures:

SCHEDULE—continued
      (f) providing documents and records;
      (g) measures to locate, restrain and forfeit the proceeds of crime: and
      (h) facilitating the availability of prisoners and other persons, with their consent,