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Mutual Assistance in Criminal Matters (Republic of Indonesia) Regulations 1999

  Statutory Rules 1999    No. 50

I, WILLIAM PATRICK DEANE, 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 17 March 1999.

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

  amanda vanstone
  Minister for Justice and Customs

Mutual Assistance in Criminal Matters (Republic of Indonesia) Regulations 1999

Statutory Rules 1999    No. 501

made under the

Mutual Assistance in Criminal Matters Act 1987

Contents

 Page

 1 Name of regulations 2
 2 Commencement 2
 3 Definition 2
 4 Application of Act 2

Schedule 1 Mutual Assistance Treaty 3

1 Name of regulations

  These regulations are the Mutual Assistance in Criminal Matters (Republic of Indonesia) Regulations 1999.

2 Commencement

  These regulations commence on 17 July 1999.

3 Definition

  In these regulations:
Mutual Assistance Treaty means the treaty between the Government of Australia and the Republic of Indonesia on Mutual Assistance in Criminal Matters, done at Jakarta on 27 October 1995, a copy of the English text of which is set out in Schedule 1.

4 Application of Act

  The Mutual Assistance in Criminal Matters Act 1987 applies to the Republic of Indonesia subject to the Mutual Assistance Treaty.

Schedule 1 Mutual Assistance Treaty
(regulation 3)

Treaty BETWEEN
AUSTRALIA AND THE REPUBLIC OF INDONESIA
ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

AUSTRALIA AND THE REPUBLIC OF INDONESIA,

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 Parties 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 which are listed in the Annex to this Treaty.

3. Assistance may also be granted at the discretion of the Requested State for any other act or omission constituting an offence if the offence, according to the laws of both Contracting States, is one for which mutual assistance can be granted.

4. 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