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Statutory Rules 1993   No. 3051
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Mutual Assistance in Criminal Matters (Republic of Korea) 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 17 December 1993.

 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 (Republic of Korea) Regulations.

Commencement

 2. These Regulations commence on 19 December 1993.

Interpretation

 3. In these Regulations:
"the Act" means the Mutual Assistance in Criminal Matters Act 1987;
"the Treaty" means the Treaty between Australia and the Republic of Korea done at Canberra on 25 August 1992 (being the Treaty a copy of the English text  of which is set out in the Schedule).

Application of the Act

 4. The Act applies in relation to the Republic of Korea subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty.

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              SCHEDULE              Regulations 3 and 4

TREATY BETWEEN AUSTRALIA AND THE REPUBLIC OF KOREA ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Australia and the Republic of Korea,

Desiring to improve the effectiveness of both countries in the prevention, investigation, prosecution and suppression of crime through cooperation and mutual assistance in criminal matters,

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 investigations  or proceedings in respect of criminal matters.

2. Criminal matter includes matters connected with offences against a law relating to taxation, customs duties, foreign exchange control and other revenue matters.

3. Such assistance shall consist of:
         (a) taking of evidence and obtaining of statements of persons;
         (b) provision of documents and other records;
         (c) delivery of material including lending of exhibits;
         (d) location and identification of persons;
         (e) execution of requests for search and seizure;
         (f) measures to assist in relation to proceeds of crime;
         (g) 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;
         (h) service of documents; and
         (i) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.

4. 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 prisoners to serve sentences.

Article 2

Other assistance

 This