Document ID: chunk:federal_register_of_legislation:F2007L00302:body:0:p1
Version: federal_register_of_legislation:F2007L00302
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Mutual Assistance in Criminal Matters (The People's Republic of China) Regulations 20071

  Select Legislative Instrument 2007 No. 7

I, PHILIP MICHAEL JEFFERY, 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 15 February 2007

  P. M. JEFFERY
  Governor‑General
  By His Excellency's Command

  CHRISTOPHER MARTIN ELLISON
  Minister for Justice and Customs

1 Name of Regulations

  These Regulations are the Mutual Assistance in Criminal Matters (The People's Republic of China) Regulations 2007.

2 Commencement

  These Regulations commence on the day on which the Treaty between Australia and The People's Republic of China on Mutual Legal Assistance in Criminal Matters, done at Canberra on 3 April 2006, enters into force.

3 Definition

  In these Regulations:
Act means the Mutual Assistance in Criminal Matters Act 1987.

4 Application of Act

  For paragraph 7 (2) (a) of the Act, the Act applies to The People's Republic of China subject to the Treaty between Australia and The People's Republic of China on Mutual Legal Assistance in Criminal Matters done at Canberra on 3 April 2006, a copy of the text of which is set out in Schedule 1.

Note   In accordance with the Vienna Convention on the Law of Treaties the Agreed Minutes between Australia and The People's Republic of China can be used as an aid to interpret the term essential interests mentioned in Article 4 of the Treaty — see Australian Treaties Database at http://www.dfat.gov.au.
Schedule 1 Treaty between Australia and The People's Republic of China on Mutual Legal Assistance in Criminal Matters done at Canberra on 3 April 2006
(regulation 4)

TREATY BETWEEN AUSTRALIA AND THE PEOPLE'S REPUBLIC OF CHINA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

Australia and The People's Republic of China (hereinafter referred to as "the Parties")

DESIRING to extend to each other the widest measure of cooperation to combat crime, on the basis of mutual respect for sovereignty, equality and mutual benefit,

Have decided to conclude this Treaty and have agreed as follows:

ARTICLE 1
SCOPE OF APPLICATION

1. The Parties shall, in accordance with this Treaty, grant to each other the widest measure of mutual assistance in connection with investigations, prosecutions and proceedings related to criminal matters.

2. Criminal matters shall also include matters connected with offences against a law relating to taxation, customs duties and other revenue matters.

3. Such assistance shall include:
       (a) taking of evidence or obtaining statements from persons;
       (b) providing documents, records and articles of evidence;
       (c) locating and identifying persons;
       (d) execution of requests for search and seizure;
       (e) measures to locate, restrain and forfeit the instruments and proceeds of crime;
       (f)