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Statutory Rules 1991 No. 691

Mutual Assistance in Criminal Matters (Kingdom of the Netherlands) 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 18 April 1991.

BILL HAYDEN

Governor-General

By His Excellency's Command.

MICHAEL DUFFY

Attorney-General

Citation
1. These Regulations may be cited as the Mutual Assistance in Criminal Matters (Kingdom of the Netherlands) Regulations.

Commencement
2. These Regulations commence on 1 June 1991.

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 Kingdom of the Netherlands subject to such limitations, conditions, exceptions or qualifications as are necessary

20067—(S.R. 218/89)—Cat. No.                                                  15/12.4, 1991

to give effect to the Treaty between Australia and the Kingdom of the Netherlands on Mutual Assistance in Criminal Matters done at Canberra on 26 October 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

                  SCHEDULE Regulation 4

TREATY BETWEEN AUSTRALIA AND THE KINGDOM OF THE NETHERLANDS ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

AUSTRALIA
AND THE KINGDOM OF THE NETHERLANDS

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 assistance in investigations or proceedings in respect of criminal matters.
2. Such assistance shall consist of:
   (a) taking of evidence and obtaining of statements of persons;
   (b) provision of documents and other records;
   (c) location and identification of persons;
   (d) execution of requests for search and seizure;
   (e) making prisoners available to give evidence or assist investigations;
   (f) making other persons available to give evidence or assist investigations;
   (g) service of documents;
   (h) measures to locate, restrain and forfeit the proceeds of crime: and
     (i) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.
3. Assistance shall not include:
     (a) the arrest or detention of any person with a view to extradition;
     (b) the execution in the Requested State of criminal judgments imposed in the Requesting State except to the extent permitted by the law of the Requested State and this Treaty: and

     (c) the transfer of prisoners to serve sentences.

ARTICLE 2
OTHER COOPERATION
This Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other treaties or arrangements nor prevent the Contracting Parties providing assistance to each other pursuant to other treaties or arrangements.

SCHEDULE—continued
ARTICLE 3
CENTRAL OFFICES
1.