Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p1
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 1/27)
Character Range: 879–3666

Schedule 3—Amendment of the Proceeds of Crime Act 1987 1061

Mutual Assistance in Criminal Matters Legislation Amendment Act 1996

No. 40, 1996

An Act to amend the Mutual Assistance in Criminal Matters Act 1987, and for related purposes

[Assented to 9 October 1996]

The Parliament of Australia enacts:

1 Short title

      This Act may be cited as the Mutual Assistance in Criminal Matters Legislation Amendment Act 1996.

2 Commencement

    (1) Sections 1, 2 and 3 commence on the day on which this Act receives the Royal Assent.

    (2) The items in the Schedules commence on a day or days to be fixed by Proclamation.

      (3) If a provision referred to in subsection (2) does not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3 Schedule(s)

      Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

       Schedule 1—Amendment of the Mutual Assistance in Criminal Matters Act 1987

Part 1— Object and application of the Act

1 Section 5

Repeal the section, substitute:

5 Objects of the Act

The objects of this Act are:

         (a) to regulate the provision by Australia of international assistance in criminal matters when a request is made by a foreign country for any of the following:

            (i) the taking of evidence, or the production of any document or other article, for the purposes of a proceeding in the foreign country;

            (ii) the issue of a search warrant and the seizure of anything relevant to a proceeding or investigation in the foreign country;

            (iii) the forfeiture or confiscation of property in respect of a foreign serious offence;

            (iv) the recovery of pecuniary penalties in respect of a foreign serious offence;

            (v) the restraining of dealings in property that may be forfeited or confiscated, or that may be needed to satisfy pecuniary penalties imposed, because of the commission of a foreign serious offence; and

         (b) to facilitate the provision by Australia of international assistance in criminal matters when a request is made by a foreign country for the making of arrangements for a person who is in Australia to travel to the foreign country to give evidence in a proceeding or to give assistance in relation to an investigation; and

         (c) to facilitate the obtaining by Australia of international assistance in criminal matters.

2 Section 6

Repeal the section, substitute:

6 Act not to limit other provision