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Mutual Assistance in Criminal Matters (Money‑Laundering Convention) Regulations 1997

Statutory Rules 1997 No. 248 as amended

made under the

Mutual Assistance in Criminal Matters Act 1987

This compilation was prepared on 6 June 2003
taking into account amendments up to SR 2001 No. 202

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Contents

 1 Name of regulations [see Note 1]
 2 Commencement
 3 Definitions
 4 Application of Act
 5 Admissibility of certain documents

Schedule 1 Convention on laundering, search, seizure and confiscation of the proceeds from crime

Schedule 2 Instrument of ratification

Schedule 3 Parties to the Convention (other than Australia)

Notes

1 Name of regulations [see Note 1]

  These regulations are the Mutual Assistance in Criminal Matters (Money-Laundering Convention) Regulations 1997.

2 Commencement

  These Regulations commence on 1 November 1997.

3 Definitions

  In these Regulations:
Act means the Mutual Assistance in Criminal Matters Act 1987.

4 Application of Act

 (1) The Act applies to countries that are parties to the Money-Laundering Convention subject to the convention, a copy of which is set out in Schedule 1.

Note   The Act may also apply to some of the parties to the Money-Laundering Convention subject to bilateral or other multilateral agreements. For matters within the scope of the convention, article 39 determines the relationship between the convention and the other agreements.

 (2) A copy of Australia's instrument of ratification of the Money-Laundering Convention, with reservations, is set out in Schedule 2.

Note   Article 40 of the Money-Laundering Convention allows the parties to ratify the convention subject to reservations. The effect of subsection 7 (3) of the Act is that the Act applies subject to the reservations in Australia's instrument of ratification.

5 Admissibility of certain documents

  For subsection 43A (1) of the Act, the parties to the Money-Laundering Convention are specified in Schedule 3.
Schedule 1 Convention on laundering, search, seizure and confiscation of the proceeds from crime
(regulation 4)

PREAMBLE

The member States of the Council of Europe and the other States signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Convinced of the need to pursue a common criminal policy aimed at the protection of society;

Considering that the fight against serious crime, which has become an increasingly international problem, calls for the use of modern and effective methods on an international scale;

Believing that one of these methods consists in depriving criminals of the proceeds from crime;

Considering that for the attainment of this aim a well-functioning system of international co-operation also must be established,

Have agreed as follows:

CHAPTER 1
use of terms

Article 1
Use of terms

For the purposes of this Convention:

    a.