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Statutory Rules 1993   No. 3571
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Mutual Assistance in Criminal Matters (Republic of Italy)  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 15 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 Italy)  Regulations.

Commencement

 2. These Regulations commence on 1 April 1994.

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 Italy subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty on Mutual Assistance in Criminal Matters between Australia and the Republic of Italy done at Melbourne on 28 October 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

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 SCHEDULE Regulation 4

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

Australia and the Republic of Italy, desiring to promote their collaboration in the field of assistance in criminal matters have agreed as follows:

ARTICLE 1
SCOPE OF APPLICATION

1. Each Contracting State shall, upon request, in accordance with the provisions of this Treaty, grant to the other State assistance in criminal proceedings and investigations relating to a criminal offence.

2. Such assistance shall consist of:
      (a) location and identification of persons;
      (b) service of documents;
      (c) provision of documents and records;
      (d) execution of requests for search and seizure;
      (e) taking of evidence and statements of persons;
      (f) making persons available to give evidence or to assist investigations; and
      (g) tracing, freezing and confiscation of the proceeds of crime.

3. Each Contracting State shall grant to the other State other assistance which is not inconsistent with its laws.

4. This Treaty does not apply to offences which are exclusive to military law.

SCHEDULE—continued

ARTICLE 2
CENTRAL AUTHORITIES

A request under this Treaty shall be made by a Central Authority for each Contracting State. The Central Authorities shall communicate directly with each other. For Australia the Central Authority shall be the Attorney-General's Department. For the Republic of Italy the Central Authority shall be the Ministry of Grace and Justice.

ARTICLE 3
CONTENTS OF REQUEST

1. A request for assistance shall include:
      (a) the name of the authority conducting the criminal proceeding or investigation relating to a criminal offence to which the request relates;
      (b) the subject matter and nature of the criminal proceeding or investigation relating to a criminal