Document ID: chunk:federal_register_of_legislation:F1996B01853:body:0:p1
Version: federal_register_of_legislation:F1996B01853
Segment Type: other
Provision Reference: 
Character Range: 0–2997

Statutory Rules 1994   No. 331
__________________

Mutual Assistance in Criminal Matters (French Republic) 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 4 March 1994.

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

M. LAVARCH
Attorney-General

____________

Citation

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

Commencement

 2. These Regulations commence on 1 May 1994.

Interpretation

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

Application of the Act

 4. (1) The Act (other than Part VIA) applies to the French Republic subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty between Australia and the French Republic on Mutual Assistance in Criminal Matters done at Paris in France on 14 January 1993.

 (2) A copy of the English text of the Treaty is set out in the Schedule.

 (3) Part VIA of the Act applies to the French Republic.

Repeal of Mutual Assistance in Criminal Matters (France) Regulations

 5. Statutory Rules 1991 No. 400 are repealed.

 SCHEDULE  Regulation 4

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

The Government of Australia and

The Government of the French Republic

DESIRING to conclude a treaty on mutual assistance in criminal matters

HAVE AGREED as follows:

ARTICLE 1

SCOPE OF APPLICATION

 1. The contracting Parties undertake to afford each other, in accordance with the provisions of this Treaty, the widest measure of mutual assistance in investigations or proceedings in respect of criminal 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. This Treaty does not apply to:
         (a) the execution of arrest warrants;
         (b) the enforcement of criminal judgments, except for measures taken pursuant to Article 15 of this Treaty to seize or confiscate proceeds of crime; or
         (c) offences under military law which are not offences under ordinary criminal law.

ARTICLE 2

CENTRAL OFFICES

 1. The contracting Parties shall each appoint a Central Office to transmit and receive requests for the purpose of this Treaty. The Central Office of Australia shall be the Attorney‑General's Department, Canberra, and the Central Office of France shall be the Ministère de la Justice. Each contracting Party shall notify the other of any change of its Central Office.

 2. Requests for assistance shall be made through the Central Offices which shall arrange for the prompt carrying out of such requests.