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Statutory Rules 1990 No. 4411

Mutual Assistance in Criminal Matters (Spain) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Mutual Assistance in Criminal Matters Act 1987.

Dated 17 December 1990.

BILL HAYDEN
Governor-General
By His Excellency's Command,

MICHAEL DUFFY
Attorney-General

Citation
1. These Regulations may be cited as the Mutual Assistance in Criminal Matters (Spain) Regulations.

Commencement
2. These Regulations commence on 31 January 1991.

(S.R. 384/90)—Cat. No. 14/4.12.1990

Interpretation
3. In these Regulations:
"the Act" means the Mutual Assistance in Criminal Matters Act 1987:
"the Treaty" means the Treaty between Australia and the Kingdom of Spain done at Madrid on 3 July 1989 (being the treaty a copy of the English text of which is set out in the Schedule to these Regulations).

Application of the Act
4. The Act applies in relation to Spain subject to the provisions of the Treaty.

                        SCHEDULE Regulation 3

TREATY ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN AUSTRALIA AND THE KINGDOM OF SPAIN

AUSTRALIA AND THE KINGDOM OF SPAIN
DESIRING to co-operate in order to facilitate the administration of justice in criminal matters.
HAVE RESOLVED to conclude a Treaty on mutual assistance in the following terms:

ARTICLE 1
SCOPE OF APPLICATION
1. The Contracting States shall, in accordance with this Treaty, grant to each other assistance in investigations or proceedings in respect of offences within the jurisdiction of the judicial authorities of the Requesting State at the time when assistance is requested.

2. Assistance shall also be granted in relation to revenue offences and foreign exchange control offences.

3. Assistance shall not include:
     (a) the arrest or detention of any person with a view to extradition:
     (b) the execution in the Requested State of criminal judgments imposed in the Requesting State except to the extent permitted by the law of the Requested State and Article 15 of this Treaty;
     (c) the transfer of prisoners to serve sentences; and
     (d) assistance with the investigation or prosecution of purely military offences.

4. Subject to paragraph 5 of this Article, assistance may be given in the interests of justice even if the offence is not punishable under the law of the Requested State.

5. Where the request for assistance seeks the search of private premises or the seizure or securing of property the request shall be executed only if the offence in respect of which assistance is requested is also an offence under the law of the Requested State.

SCHEDULE—continued
ARTICLE 2
REFUSAL OF ASSISTANCE
Assistance may be refused:
     (a) if the request relates to political offences or offences connected with political offences in the opinion of the Requested