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Mutual Assistance in Criminal Matters (India) Regulations 20101

  Select Legislative Instrument 2010 No. 197

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 8 July 2010

  QUENTIN BRYCE
  Governor-General
  By Her Excellency's Command

  BRENDAN O'CONNOR
  Minister for Home Affairs

Contents

 1 Name of Regulations
 2 Commencement
 3 Definitions
 4 Application of Act

Schedule 1 Treaty between Australia and the Republic of India on Mutual Legal Assistance in Criminal Matters, done at Canberra in Australia on 23 June 2008

1 Name of Regulations

  These Regulations are the Mutual Assistance in Criminal Matters (India) Regulations 2010.

2 Commencement

  These Regulations commence on the day on which the Treaty between Australia and the Republic of India on Mutual Legal Assistance in Criminal Matters, done at Canberra in Australia on 23 June 2008, enters into force.

3 Definitions

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

4 Application of Act

  For paragraph 7 (2) (a) of the Act, the Act applies to India subject to the Treaty between Australia and the Republic of India on Mutual Legal Assistance in Criminal Matters, done at Canberra in Australia on 23 June 2008, a copy of which is set out in Schedule 1.
Schedule 1 Treaty between Australia and the Republic of India on Mutual Legal Assistance in Criminal Matters, done at Canberra in Australia on 23 June 2008
(regulation 4)

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

Australia and the Republic of India (hereinafter referred to as the 'Contracting States');

Desiring to make more effective the cooperation between the two countries in combating crimes, including offences related to terrorism, through mutual legal assistance;

Have agreed as follows:

ARTICLE 1
SCOPE OF APPLICATION

1. The Contracting States shall, in accordance with this Treaty, provide each other with the widest measure of mutual legal assistance in criminal matters.

2. Mutual legal assistance is any assistance given by the Requested State in respect of investigations, prosecutions or other proceedings in criminal matters in the Requesting State, irrespective of whether the assistance is sought or is to be provided by a court or some other authority.

ARTICLE 2
DEFINITIONS

For the purpose of this Treaty-

1. Criminal matters means investigations, inquiries, trials or other proceedings relating to statutory or common law offences, including those relating to forfeiture, confiscation and restraint of property and imposition of pecuniary penalties, in respect of such an offence.

2. Criminal matters shall include investigations, prosecutions or proceedings relating to offences concerning taxation, duties,