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Statutory Rules 1997   No. 591
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Mutual Assistance in Criminal Matters (Republic of Hungary) 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 19 March 1997.

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

daryl williams
Attorney-General and Minister for Justice

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Citation

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

Commencement

 2. These Regulations commence on 25 April 1997.

Definition

 3. In these Regulations:
"Mutual Assistance Treaty" means the Treaty on Mutual Assistance in Criminal Matters between Australia and the Republic of Hungary (a copy of which is set out in the Schedule).

Application of Act

 4. The Mutual Assistance in Criminal Matters Act 1987 applies to the Republic of Hungary subject to the Mutual Assistance Treaty.
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        SCHEDULE    Regulation 3

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

Australia and the Republic of Hungary

DESIRING to extend to each other the widest measure of cooperation to combat crime,

HAVE AGREED as follows:

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 criminal matters.

2. Criminal matter also 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 and obtaining of statements of persons including the execution of letters rogatory;
         (b) provision of documents and other records;
         (c) location and identification of persons;
         (d) execution of requests for search and seizure;
         (e) measures to locate, restrain and forfeit the proceeds of crime;
         (f) seeking the consent of persons to be available to give evidence or to assist in investigations in the Requesting State, and where such persons are in custody arranging for their temporary transfer to that State;
         (g) service of documents; and
         (h) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.

4. Assistance shall not include:
         (a) the extradition of any person;
         (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 this Treaty; and
         (c) the transfer of persons in custody to serve sentences.

ARTICLE 2

OTHER ASSISTANCE

This Treaty shall not derogate from obligations subsisting between the Contracting States whether pursuant to other treaties or arrangements or otherwise nor prevent the Contracting States providing assistance to each other pursuant to other