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Statutory Rules 1990 No. 3111

Mutual Assistance in Criminal Matters
(Republic of Austria) 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 24 September 1990.

BILL HAYDEN
Governor-General
By His Excellency's Command.

Michael Duffy
Attorney-General

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

Commencement
2. These Regulations commence on 1 December 1990.

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

Application of Act
4. The Act applies to the Republic of Austria subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty between Australia and the Republic of Austria on Mutual Assistance in Criminal Matters done at Vienna on 20 October 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

(S.R. 212/89)—Cat. No. 14/12.9.1990

                      SCHEDULE Regulation 4

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

Australia and the Republic of Austria.

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 States undertake to afford each other, in accordance with the provisions of this Treaty, the widest measure of mutual assistance in investigations and proceedings in respect of offences the punishment of which at the time of the request for assistance falls within the jurisdiction of the judicial authorities of the Requesting State.

2. Mutual assistance shall include the:
     (a) obtaining of evidence of accused persons, witnesses or experts;
     (b) production, search and seizure of property, records and documents:
     (c) location, freezing and confiscation of proceeds and profits of offences:
     (d) making persons available to assist in investigations or to give evidence:
     (e) service of documents; and
     (f) other assistance consistent with the objects of this Treaty mutually acceptable to the Contracting States.
3. Unless provided otherwise by its law and except for the service of documents, the Requested State shall not afford assistance in respect of an offence which would not be punishable by its judicial authorities if the offence had been committed in that State.

ARTICLE 2
FISCAL OFFENCES
1. Mutual assistance in fiscal offences shall not be refused on the ground that the law of the Requested State does not impose the same kind of tax or duty or does not contain tax duty, customs or exchange regulations of the same kind as the law of the Requesting State.
2. Information received