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Mutual Assistance in Criminal Matters (Thailand) Regulations 20081

  Select Legislative Instrument 2008 No. 200

I, QUENTIN BRYCE, 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 3 October 2008

  QUENTIN BRYCE
  Governor‑General
  By Her Excellency's Command

  BOB DEBUS
  Minister for Home Affairs

1 Name of Regulations

  These Regulations are the Mutual Assistance in Criminal Matters (Thailand) Regulations 2008.

2 Commencement

  These Regulations commence on the day on which the Treaty between the Government of Australia and the Government of Thailand on Mutual Assistance in Criminal Matters, done at Kuala Lumpur in Malaysia on 27 July 2006, enters into force.

3 Definition

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

4 Application of Act

  For paragraph 7 (2) (a) of the Act, the Act applies to Thailand subject to the Treaty between Australia and Thailand on Mutual Assistance in Criminal Matters done at Kuala Lumpur in Malaysia on 27 July 2006, a copy of the text of which is set out in Schedule 1.
Schedule 1 Treaty between Australia and Thailand on Mutual Assistance in Criminal Matters done at Kuala Lumpur in Malaysia on 27 July 2006
(regulation 4)

TREATY BETWEEN AUSTRALIA AND THE KINGDOM OF THAILAND ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Australia and the Kingdom of Thailand, hereinafter referred to as
"the Contracting States",

Desiring to maintain and to strengthen the longstanding bonds which unite the two countries, and to improve the effectiveness of both countries in the investigation, prosecution and suppression of crime through cooperation and mutual assistance in criminal matters,

Have agreed as follows:

Article 1
Obligation to Grant Mutual Assistance

1. The Contracting States shall, in accordance with the provisions of this Treaty, grant to each other the widest measure of mutual assistance in connection with investigations, prosecutions and other proceedings relating to criminal matters, irrespective of whether the assistance is sought or to be provided by a court or some other authority.

2. Criminal matters shall include, but not be limited to, matters connected with offences against a law relating to taxation, customs and excise duties, foreign exchange control and other revenue matters.

3. Assistance shall include, but not be limited to:

(a) taking of evidence and obtaining of statements of persons;

(b) providing information, documents, records and evidence;

(c) serving documents;

(d) executing requests for searches and seizures;

(e) 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 for testimonial purposes or, where