Document ID: chunk:federal_register_of_legislation:F1999B00317:body:0:p1
Version: federal_register_of_legislation:F1999B00317
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Mutual Assistance in Criminal Matters (United Kingdom) Regulations 1999
  Statutory Rules 1999 No. 310

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 8 December 1999.

  WILLIAM DEANE
  Governor-General
  By His Excellency's Command,

   AMANDA VANSTONE
   Minister for Justice and Customs

Mutual Assistance in Criminal Matters (United Kingdom) Regulations 1999

Statutory Rules 1999 No. 3101

made under the

Mutual Assistance in Criminal Matters Act 1987

Contents

Page

 1 Name of Regulations
 2 Commencement
 3 Application of Act
 4 Mutual Assistance in Criminal Matters (United Kingdom) Regulations — repeal

Schedule 1 Mutual assistance agreement

1 Name of Regulations

  These Regulations are the Mutual Assistance in Criminal Matters (United Kingdom) Regulations 1999.

2 Commencement

  These Regulations commence on 10 May 2000.

3 Application of Act

  The Mutual Assistance in Criminal Matters Act 1987 applies to the United Kingdom subject to the Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the Investigation, Restraint and Confiscation of the Proceeds and Instruments of Crime, done at Canberra on 6 February 1997, a copy of the text of which is set out in Schedule 1.

4 Mutual Assistance in Criminal Matters (United Kingdom) Regulations — repeal

  Statutory Rules 1997 No. 2 is repealed.

Schedule 1 Mutual assistance agreement
 (regulation 3)

AGREEMENT BETWEEN

THE GOVERNMENT OF AUSTRALIA

AND

THE GOVERNMENT OF THE UNITED KINGDOM

OF GREAT BRITAIN AND NORTHERN IRELAND

CONCERNING THE INVESTIGATION,

RESTRAINT AND CONFISCATION OF THE PROCEEDS

AND INSTRUMENTS OF CRIME

THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND;

DESIRING to provide the widest measure of mutual assistance in the investigation, restraint and confiscation of the proceeds and instruments of crime;

HAVE AGREED as follows:

Article 1
Scope of application

1. The Parties shall, in accordance with this Agreement, grant to each other assistance in the investigation, restraint and confiscation of the proceeds and instruments of crime.

2. This Agreement shall be without prejudice to other obligations between the Parties pursuant to other treaties and shall not prevent the Parties or their law enforcement agencies from providing assistance to each other pursuant to other treaties or arrangements.

Article 2
Definitions

For the purposes of this Agreement:
        (a) "confiscation" means any measure resulting in the final deprivation of property;
        (b) "instruments of crime" means any property which is or is intended to be used in connection with the commission of an offence;
        (c) "proceeds of crime" means any property derived or realised, directly or indirectly, by any person as a result of