Document ID: chunk:federal_register_of_legislation:F2001B00198:body:0:p1
Version: federal_register_of_legislation:F2001B00198
Segment Type: other
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Mutual Assistance in Criminal Matters (Monaco) Regulations 2001

  Statutory Rules 2001 No. 1391

I, WILLIAM PATRICK DEANE, 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 13 June 2001

  WILLIAM DEANE
  Governor-General
  By His Excellency's Command

  CHRISTOPHER MARTIN ELLISON
  Minister for Justice and Customs

Contents

Page
 1 Name of Regulations
 2 Commencement
 3 Application of Act

Schedule 1 Treaty on Mutual Assistance in Criminal Matters

1 Name of Regulations

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

2 Commencement

  These Regulations commence on 4 October 2001.

3 Application of Act

  The Mutual Assistance in Criminal Matters Act 1987 applies to Monaco subject to the Treaty between the Government of Australia and the Government of His Serene Highness the Prince of Monaco on Mutual Assistance in Criminal Matters, done at Paris on 13 September 1999, a copy of the English text of which is set out in Schedule 1.
Schedule 1 Treaty on Mutual Assistance in Criminal Matters
(regulation 3)

TREATY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF HIS SERENE HIGHNESS THE PRINCE OF MONACO ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF HIS SERENE HIGHNESS THE PRINCE OF MONACO,

DESIRING to make more effective the co-operation of the two States in the suppression of crime by concluding a treaty on mutual assistance in criminal matters,

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 criminal matters.

2. Such assistance shall consist of any 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 extradition of any person;

       (b) the execution in the Requested State of criminal judgements 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 persons in custody to serve sentences.
Article 2
Other assistance

This Treaty shall not derogate from agreements or arrangements in effect between the Contracting Parties, nor prevent the Contracting Parties providing assistance to each other pursuant to other agreements or arrangements.

Article 3
Central Office

1. Each Contracting Party hereby appoints a Central Office to transmit and receive requests for the purpose of this Treaty.  The Central Office of Australia is the Attorney-General's Department, Canberra and the Central Office of the Principality of Monaco is the Direction des Services Judiciaires.  Either State shall notify the other of any change of its Central Office.