Commonwealth Numbered Regulations - Explanatory Statements

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (STATE OF ISRAEL) REGULATIONS 1995 NO. 252

Statutory Rules 1995 No. 252

Issued by the Authority of the Attorney-General

Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (State of Israel) Regulations

Section 44 of the Mutual Assistance in Criminal Matters Act 1987 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subsection 7(2) of the Act provides that regulations may apply the Act to a foreign country subject to such limitations, conditions, exceptions, or qualifications referred to in the regulations in accordance with subsection 7(2AA). Paragraph 7(2AA)(a) provides that the regulations may give effect to a bilateral mutual assistance treaty between Australia and that country, being a treaty a copy of which is set out in the regulations.

The Act enables Australia to grant or request the following kinds of international mutual assistance in criminal matters: taking of evidence, search and seizure, arrangements for witnesses to give evidence or assist in investigations, service of documents and the restraint, forfeiture and confiscation of proceeds of crime. For Australia to grant or request assistance under the Act, with the exception of the taking of evidence, the Act must apply by regulations to the country concerned. The regulations may give effect to a treaty or otherwise.

Australia and Israel signed a mutual assistance in criminal matters treaty on 24 August 1994. The Treaty, once in force, binds the two countries under international law to provide each other with the kinds of assistance listed above. On 9 July 1995 Israel notified Australia, in accordance with Article 22 of the Treaty, that its requirements for the Treaty's entry into force had been complied with. The Regulations will enable Australia to give domestic effect to the Treaty. The Treaty enters into force 30 days after the Contracting Parties have notified each other that they have complied with their respective requirements for the entry into force of the Treaty. The Israeli Government will be notified on 24 August 1995 that Australia's requirements for the Treaty's entry into force have been complied with. Thirty days after that date, that is on 23 September 1995, the Treaty will enter into force between Australia and Israel, which is also the commencement date of the Regulations.

Details of the Regulations are as follows:

Regulation 1 is a citation provision.

Regulation 2 provides that the Regulations commence on 23 September 1995, on which date the Treaty comes into force between Australia and Israel.

Regulation 3 is an interpretation provision.

Subregulation 4(1) applies the Act to the State of Israel subject to the Treaty, and Subregulation 4(2) provides that a copy of the English language text of the Treaty is set out in the Schedule.