Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (JAPAN) REGULATIONS (AMENDMENT) 1992NO. 263

Statutory Rules 1992 No. 263

Issued by the authority of the Attorney-General

Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (Japan) Regulations (Amendment)

Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Paragraph 7(2)(b) of the Act provides that the regulations may make provision to the effect that the Act applies to a specified foreign country subject to limitations, conditions, exceptions or qualifications .

The Mutual Assistance in Criminal Matters (Japan) Regulations (the existing Regulations) apply the Act to Japan with the exception of Parts IV (Arrangements for Persons to Give Evidence or Assist Investigations) and Part VI (Proceeds of Crime). The Mutual Assistance in Criminal Matters (Japan) Regulations (Amendment) (the proposed Regulations) amend the existing Regulations by including Part IV of the Act among those Parts of the Act to be applied to Japan.

The inclusion of Part IV will enable Australia to grant immunities from criminal prosecution or civil suit to witnesses who travel to Australia from Japan to give evidence in a proceeding or to give assistance in relation to an investigation pursuant to a request made by or on behalf of the AttorneyGeneral. It will also enable Australia to provide assistance to Japan by making arrangements for persons to travel to Japan to give evidence at a hearing in connection with a proceeding relating to a criminal matter.

Details of the proposed Regulations are as follows:

Regulation 1 provides that the proposed Regulations amend the existing Regulations.

Regulation 2 provides for the existing Regulations to be amended by the deletion of Part IV from those Parts of the Act which do not apply to Japan.