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Mutual Assistance in Criminal Matters (United Arab Emirates) Regulations 20101

  Select Legislative Instrument 2010 No. 37

I, QUENTIN BRYCE, 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 10 March 2010

  QUENTIN BRYCE
  Governor-General
  By Her Excellency's Command

  BRENDAN O'CONNOR
  Minister for Home Affairs

1 Name of Regulations

  These Regulations are the Mutual Assistance in Criminal Matters (United Arab Emirates) Regulations 2010.

2 Commencement

  These Regulations commence on the day on which the Treaty between Australia and the State of the United Arab Emirates on Mutual Legal Assistance in Criminal Matters, done at Hobart in Australia on 26 July 2007, enters into force.

3 Definition

  In these Regulations:
Act means the Mutual Assistance in Criminal Matters Act 1987.
United Arab Emirates means the State of the United Arab Emirates.

4 Application of Act

  For paragraph 7 (2) (a) of the Act, the Act applies to the United Arab Emirates subject to the Treaty between Australia and the State of the United Arab Emirates on Mutual Legal Assistance in Criminal Matters, done at Hobart in Australia on 26 July 2007, a copy of which is set out in Schedule 1.

Schedule 1 Treaty between Australia and the State of the United Arab Emirates on Mutual Legal Assistance in Criminal Matters, done at Hobart in Australia on 26 July 2007
(regulation 4)

TREATY BETWEEN AUSTRALIA AND THE STATE OF THE UNITED ARAB EMIRATES
ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

Australia and The State of the United Arab Emirates (hereinafter referred to as the States)

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 States shall, in accordance with this Treaty, grant to each other assistance in investigations or proceedings in respect of criminal matters.

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

3. Such assistance shall consist of:
       (a) taking evidence and obtaining statements of persons including by video conference or television link;
       (b) executing letters rogatory;
       (c) providing documents and other records;
       (d) locating and identifying persons as part of a wider request for assistance;
       (e) executing requests for search and seizure;
       (f) locating, restraining and forfeiting the instruments and proceeds of crime;
       (g) 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;
       (h) serving documents; and
       (i) other assistance consistent with the objects