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Mutual Assistance in Criminal Matters (Convention against Corruption) Regulations 20051

  Select Legislative Instrument 2005 No. 281

I, PHILIP MICHAEL JEFFERY, 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 1 December 2005

  P. M. JEFFERY
  Governor-General
  By His Excellency's Command

  CHRISTOPHER MARTIN ELLISON
  Minister for Justice and Customs

Contents

 1 Name of Regulations
 2 Commencement
 3 Definitions
 4 Application of Act

Schedule 1 United Nations Convention against Corruption
1 Name of Regulations

  These Regulations are the Mutual Assistance in Criminal Matters (Convention against Corruption) Regulations 2005.

2 Commencement

  These Regulations commence on the day after they are registered.

3 Definitions

  In these Regulations:
Act means the Mutual Assistance in Criminal Matters Act 1987.
Convention means the United Nations Convention against Corruption, done at New York on 31 October 2003, a copy of the English text of which is set out in Schedule 1.

4 Application of Act

  The Act applies to a foreign country that is a Party to the Convention, subject to the Convention.

Note   States become Parties to the Convention by depositing instruments of ratification, acceptance and approval with the Secretary-General of the United Nations (see Article 67). A current list of Parties to the Convention may be accessed through the United Nations Internet home page at http://www.un.org.
Schedule 1 United Nations Convention against Corruption
(regulation 3)

PREAMBLE

The States Parties to this Convention,

 Concerned about the seriousness of problems and threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law,

 Concerned also about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money-laundering,

 Concerned further about cases of corruption that involve vast quantities of assets, which may constitute a substantial proportion of the resources of States, and that threaten the political stability and sustainable development of those States,

 Convinced that corruption is no longer a local matter but a transnational phenomenon that affects all societies and economies, making international cooperation to prevent and control it essential,

 Convinced also that a comprehensive and multidisciplinary approach is required to prevent and combat corruption effectively,

 Convinced further that the availability of technical assistance can play an important role in enhancing the ability of States, including by strengthening capacity and by institution-building, to prevent and combat corruption effectively,

 Convinced that the illicit acquisition of personal wealth can be particularly damaging to democratic institutions, national economies and the rule of law,

 Determined to prevent, detect and deter in a more effective manner international