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Statutory Rules 1994   No. 71
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Mutual Assistance in Criminal Matters (Switzerland) 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 28 January 1994.

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

D. KERR
Minister for Justice

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Citation

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

Commencement

 2. These Regulations commence on 31 July 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 applies to Switzerland subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty between Australia and Switzerland on Mutual Assistance in Criminal Matters done at Berne in Switzerland on 25 November 1991.

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

Repeal of Mutual Assistance in Criminal Matters (Swiss Confederation) Regulations

 5. Statutory Rules 1988 No. 385 are repealed.

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 SCHEDULE  Regulation 4

TREATY BETWEEN AUSTRALIA AND SWITZERLAND ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Australia and Switzerland,

DESIRING to extend to each other the widest measure of co-operation 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 assistance in investigations or proceedings in respect of offences the punishment of which falls or would fall within the jurisdiction of the judicial authorities of the Requesting State.

 2. Such assistance shall consist of:
         (a) taking of testimony and statements of persons;
         (b) production, preservation and handing over of documents or material;
         (c) location and identification of persons;
         (d) execution of requests for search and seizure, as well as requests for the tracing, freezing, confiscating and returning of the proceeds or profits of crime;
         (e) making persons available to give evidence or to assist in investigations;
         (f) service of documents; and
         (g) other assistance consistent with the objects of this Treaty mutually acceptable to the Contracting Parties.

 3. Assistance shall not include extradition, enforcement or execution of final criminal judgements except to the extent permitted by the law of the Requested State and this Treaty.

SCHEDULE—continued

ARTICLE 2

Grounds for Refusal

 1. Subject to the law of the Requested State, assistance may be refused, if:
         (a) the offence in connection with which assistance is requested is regarded by the Requested State as a political offence or an offence only under military law;
         (b) the request concerns a fiscal offence;
         (c) the request relates to an offence in respect