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Mutual Assistance in Criminal Matters (Malaysia) Regulations 20061

  Select Legislative Instrument 2006 No. 292

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 16 November 2006

  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 (Malaysia) Regulations 2006.

2 Commencement

  These Regulations commence on the day on which the Treaty between the Government of Australia and the Government of Malaysia on Mutual Assistance in Criminal Matters, done at Putrajaya in Malaysia on 15 November 2005, 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 Malaysia subject to:
 (a) the Treaty between the Government of Australia and the Government of Malaysia on Mutual Assistance in Criminal Matters done at Putrajaya in Malaysia on 15 November 2005, a copy of the text of which is set out in Schedule 1; and
 (b) an exchange of notes on 7 December 2005, relating to the Treaty, a copy of the text of which is set out in Schedule 2.
Schedule 1 Treaty between the Government of Australia and the Government of Malaysia on Mutual Assistance in Criminal Matters done at Putrajaya in Malaysia on 15 November 2005
(paragraph 4 (a)

TREATY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF MALAYSIA ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

The Government of Australia and the Government of Malaysia, (hereinafter referred to singularly as "the Party" and collectively as "the Parties"),
Desiring to improve the effectiveness of law enforcement authorities by enabling the extension to each other of the widest measure of cooperation in the investigation and prosecution of crime,
HAVE AGREED as follows:

ARTICLE 1
SCOPE OF APPLICATION

1. The Parties shall, in accordance with this Treaty and in conformity with their respective laws, grant to each other the widest measure of mutual assistance in connection with investigations, prosecutions and proceedings related to criminal matters over which the Requesting Party has jurisdiction at the time the assistance is requested.

2. Criminal matter includes matters connected with offences against a law relating to taxation, customs duties, foreign exchange control and other revenue matters.

3. Such assistance shall consist of:

(a) taking of evidence, including testimony, documents, records and things, by way of judicial process;

(b) taking of voluntary statements of persons;

(c) providing relevant documents and records, including bank, financial, corporate or business records;

(d) locating and identifying