Document ID: chunk:federal_register_of_legislation:F1996B01929:body:0:p1
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Statutory Rules 1995   No. 2521
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Mutual Assistance in Criminal Matters
(State of Israel) Regulations

I, The Governor-General 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 22 August 1995.

 BILL HAYDEN
 Governor-General
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 (State of Israel) Regulations.

Commencement

 2. These Regulations commence on 23 September 1995.

Interpretation

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

Application of the Act

 4. (1) The Act applies in relation to the State of Israel subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty between Australia and the State of Israel on Mutual Legal Assistance in Criminal Matters done at Canberra in Australia on 24 August 1994.

 (2) A copy of the English text of the Treaty is set out in the Schedule.

 SCHEDULE  Subregulation 4 (2)

TREATY BETWEEN
         THE GOVERNMENT OF AUSTRALIA AND
         THE GOVERNMENT OF THE STATE OF ISRAEL
          ON MUTUAL LEGAL ASSISTANCE
         IN CRIMINAL MATTERS

THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE STATE OF ISRAEL;

DESIRING to extend to each other the widest measure of co-operation to combat crime;

HAVE AGREED as follows:

Article 1

Scope of application

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

 2. Such assistance shall consist of:
         (a) taking of evidence and the obtaining of statements of persons, including the execution of letters rogatory;
         (b) provision of documents and other records;
         (c) location and identification of persons;
         (d) execution of requests for search and seizure;
         (e) measures to locate, restrain and forfeit the proceeds of crime;
         (f) seeking the consent of persons to be available to give evidence or to assist in investigations in the Requesting State, and where such persons are in custody arranging for their temporary transfer to that State;

         (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 extradition of any person;
         (b) the execution in the Requested State of criminal judgments imposed in the Requesting State except to the extent permitted by the law of the Requested State and this Treaty; and
         (c) the transfer of persons in custody to serve sentences.

Article 2

Other assistance

This Treaty shall not derogate from obligations subsisting between the Contracting