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Mutual Assistance in Criminal Matters (Sweden) Regulations 2001

Statutory Rules 2001 No. 120 as amended

made under the

Mutual Assistance in Criminal Matters Act 1987

This compilation was prepared on 18 June 2003
taking into account amendments up to SR 2001 No. 304

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Contents

 1 Name of Regulations [see Note 1]
 2 Commencement
 3 Application of Act

Schedule 1 Mutual assistance treaty

Notes

1 Name of Regulations [see Note 1]

  These Regulations are the Mutual Assistance in Criminal Matters (Sweden) Regulations 2001.

2 Commencement

  These Regulations commence on 1 December 2001.

3 Application of Act

  The Mutual Assistance in Criminal Matters Act 1987 applies to Sweden subject to the Treaty between Australia and Sweden on Mutual Assistance in Criminal Matters done at Stockholm on 18 December 1998, a copy of the English text of which is set out in Schedule 1.
Schedule 1 Mutual assistance treaty
(regulation 3)

TREATY BETWEEN AUSTRALIA AND SWEDEN ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

AUSTRALIA AND SWEDEN

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 States shall, in accordance with this Treaty, grant to each other assistance in respect of criminal matters.

2. Criminal matter includes matters relating to revenue offences, foreign exchange control offences and customs duties offences.

3. Such assistance shall include:
       (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) measures to locate and restrain proceeds of crime and to enforce orders in respect of proceeds of crime;
       (f) making persons in custody available to give evidence or to assist investigations;
       (g) making other persons available to give evidence or to assist investigations;
       (h) service of documents; and
       (i) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.

    4. 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 assistance

This Treaty shall not derogate from obligations subsisting between the Contracting States whether pursuant to other treaties or arrangements or otherwise nor prevent the Contracting States providing assistance to each other pursuant to other treaties or arrangements.

Article 3
Central office

1. The Contracting States shall each appoint a Central Office