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Statutory Rules 1993   No. 2411
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Mutual Assistance in Criminal Matters (Republic of Portugal) Regulations

I, The 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 September 1993.

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

M. LAVARCH
Attorney-General

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Citation

 1. These Regulations may be cited as the Mutual Assistance in Criminal Matters (Republic of Portugal) Regulations.

Commencement

 2. These Regulations commence on 17 October 1993.

Interpretation

 3. In these Regulations:
"Act" means the Mutual Assistance in Criminal Matters Act 1987;
"Treaty" means the Treaty between Australia and the Republic of Portugal done at Lisbon on 4 July 1989, a copy of the English text of which is set out in the Schedule.

Application of the Act

 4. The Act applies in relation to the Republic of Portugal subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty.

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 SCHEDULE Regulation 3

TREATY BETWEEN AUSTRALIA AND
THE REPUBLIC OF PORTUGAL
ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

AUSTRALIA and the REPUBLIC OF PORTUGAL DESIRING to make more effective the cooperation of the two countries in combating crime by extending to each other the widest measure of mutual assistance in criminal matters, HAVE AGREED as follows:

ARTICLE 1

(Scope of Application)

1. The Contracting Parties 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 Party at the time when assistance is requested.

SCHEDULE—continued

2. This Treaty does not apply to arrests, the enforcement of sentences or offences under military law which are not offences under ordinary criminal law.

ARTICLE 2

(Dual Criminality)

1. Assistance may be given even if the offence is not an offence under the law of the Requested Party, except in the case of a request for search and seizure of property.  In such a case it shall be necessary that the offence in respect of which assistance is requested shall also be an offence under the law of the Requested Party.

2. In relation to fiscal offences, assistance may also be given if the acts or omissions constituting the offence amount to an offence of the same nature under the law of the Requested Party.  Assistance may not be refused on the grounds that the law of the Requested Party does not impose the same kind of tax or duty or does not contain a tax or duty, customs or exchange regulation of the same kind as the law of the Requesting Party.

3. For the purpose of this Article,