Mutual Assistance in Criminal Matters (Republic of Italy) Regulations (Cth)

Statutory Rules 1993 No. 3571 __________________

Mutual Assistance in Criminal Matters (Republic of Italy) 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 15 December 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 Italy) Regulations.

Commencement

2. These Regulations commence on 1 April 1994.

Interpretation

3. In these Regulations, unless the contrary intention appears: "the Act" means the Mutual Assistance in Criminal Matters Act 1987.

Application of Act

4. The Act applies to the Republic of Italy subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty on Mutual Assistance in Criminal Matters between Australia and the Republic of Italy done at Melbourne on 28 October 1988 (being the treaty a copy of the English text of which is set out in the Schedule).

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SCHEDULE Regulation 4

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

Australia and the Republic of Italy, desiring to promote their collaboration in the field of assistance in criminal matters have agreed as follows:

ARTICLE 1 SCOPE OF APPLICATION

1. Each Contracting State shall, upon request, in accordance with the provisions of this Treaty, grant to the other State assistance in criminal proceedings and investigations relating to a criminal offence.

2. Such assistance shall consist of: (a) location and identification of persons; (b) service of documents; (c) provision of documents and records; (d) execution of requests for search and seizure; (e) taking of evidence and statements of persons; (f) making persons available to give evidence or to assist investigations; and (g) tracing, freezing and confiscation of the proceeds of crime.