Document ID: chunk:federal_register_of_legislation:F1997B02795:body:0:p1
Version: federal_register_of_legislation:F1997B02795
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Statutory Rules 1997   No. 3041
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Mutual Assistance in Criminal Matters (Republic of Ecuador) 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 29 October 1997.

 WILLIAM DEANE
 Governor-General
By His Excellency's Command,

AMANDA VANSTONE
Minister for Justice

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Citation

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

Commencement

 2. These Regulations commence on 28 December 1997.

Definition

 3. In these Regulations:
"Mutual Assistance Treaty" means the Treaty between the Government of Australia and the Government of the Republic of Ecuador on Mutual Assistance in Criminal Matters.

Application of Act

 4. (1) The Mutual Assistance in Criminal Matters Act 1987 applies to the Republic of Ecuador subject to the Mutual Assistance Treaty.

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

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SCHEDULE                   Subregulation 4 (2)

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

The Government of Australia and the Government of the Republic of Ecuador

DESIRING to extend to each other the widest measure of cooperation to combat crime,

HAVE AGREED as follows:

ARTICLE 1

SCOPE OF APPLICATION

    1. The Contracting Parties shall, in accordance with this Treaty, grant to each other mutual assistance in investigations or proceedings in respect of criminal matters.

    2. Criminal matter also includes matters connected with offences against a law relating to taxation, customs duties, foreign exchange control and other revenue matters.

    3. For the purposes of this Treaty the term "letters rogatory" means:
        (a) judicial letters of request;
        (b) in the case of Australia, requests from the Commonwealth Attorney-General, and in the case of Ecuador the Procurador General del Estado; or
        (c) requests from any other authority competent under the laws of the Requesting State.

    4. Such assistance shall consist of:
        (a) where the Requesting State issues letters rogatory, the taking of evidence and obtaining of statements of persons;
        (b) where the Requesting State so requests, the provision of documents and other records from the files of the Requested State;
        (c) where the Requesting State so requests, the location and identification of specified persons;
        (d) execution of requests for search and seizure of documents or other things;
        (e) adoption of measures to locate, restrain and forfeit the proceeds of crime;
        (f) where the Requesting State so requests, 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