Mutual Assistance in Criminal Matters (Republic of the Philippines) Regulations (Cth)

Statutory Rules 1993 No. 3041 __________________

Mutual Assistance in Criminal Matters (Republic of the Philippines) 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 17 November 1993.

BILL HAYDEN Governor-General By His Excellency's Command,

M. LAVARCH Attorney-General

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Citation

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

Commencement

2. These Regulations commence on 19 December 1993.

Interpretation

3. In these Regulations: "the Act" means the Mutual Assistance in Criminal Matters Act 1987;

"the Treaty" means the Treaty between Australia and the Republic of the Philippines done at Canberra on 28 April 1988 as set out in the Schedule to these Regulations.

Application of the Act

4. The Act applies in relation to the Republic of the Philippines subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty.

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SCHEDULE Regulation 3

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

Australia and the Republic of the Philippines

DESIRING to extend to each other the widest measure of cooperation in the investigation, prosecution, and suppression of crime,

HAVE AGREED as follows:

Article 1 Scope of Application

1. The Contracting States shall, in accordance with the provisions of this Treaty, grant and provide to each other assistance in all matters relating to investigations or proceedings in respect of criminal matters.

2. For purposes of this Treaty, criminal matter includes:

(a) a criminal matter relating to revenue (including taxation and customs duties); (b) a criminal matter relating to foreign exchange control; (c) a criminal matter relating to graft and corruption, unlawfully acquired or acquiring property, bribery, frauds against the public treasury, or malversation or fraudulent conversion of public funds or property; (d) a matter relating to the forfeiture or confiscation of property in respect of an offence; (e) a matter relating to the imposition or recovery of a pecuniary penalty in respect of an offence; and (f) a matter relating to the restraining of dealings in property, or the freezing of assets that may be forfeited, confiscated or used to satisfy a pecuniary penalty imposed in respect of an offence.