Mutual Assistance in Criminal Matters (The People's Republic of China) Regulations 2007 (Cth)

Mutual Assistance in Criminal Matters (The People's Republic of China) Regulations 20071

Select Legislative Instrument 2007 No. 7

I, PHILIP MICHAEL JEFFERY, 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 February 2007

P. M. JEFFERY Governor‑General By His Excellency's Command

CHRISTOPHER MARTIN ELLISON Minister for Justice and Customs

1 Name of Regulations

These Regulations are the Mutual Assistance in Criminal Matters (The People's Republic of China) Regulations 2007.

2 Commencement

These Regulations commence on the day on which the Treaty between Australia and The People's Republic of China on Mutual Legal Assistance in Criminal Matters, done at Canberra on 3 April 2006, enters into force.

3 Definition

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

4 Application of Act

For paragraph 7 (2) (a) of the Act, the Act applies to The People's Republic of China subject to the Treaty between Australia and The People's Republic of China on Mutual Legal Assistance in Criminal Matters done at Canberra on 3 April 2006, a copy of the text of which is set out in Schedule 1.

Note In accordance with the Vienna Convention on the Law of Treaties the Agreed Minutes between Australia and The People's Republic of China can be used as an aid to interpret the term essential interests mentioned in Article 4 of the Treaty — see Australian Treaties Database at http://www.dfat.gov.au. Schedule 1 Treaty between Australia and The People's Republic of China on Mutual Legal Assistance in Criminal Matters done at Canberra on 3 April 2006 (regulation 4)

TREATY BETWEEN AUSTRALIA AND THE PEOPLE'S REPUBLIC OF CHINA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS