{"id":"F1996B02093","name":"Mutual Assistance in Business Regulation Regulations 1992","slug":"mutual-assistance-in-business-regulation-regulations-1992","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"331 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29204,"registerId":"commonwealth-F1996B02093-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Assistance in Business Regulation Regulations 1992","content":"![](image.001.png)\n\nMutual Assistance in Business Regulation Regulations 1992\n\nStatutory Rules 1992 No. 331 as amended\n\nmade under the\n\nMutual Assistance in Business Regulation Act 1992\n\nThis compilation was prepared on 13 December 2012 \ntaking into account amendments up to SLI 2012 No. 312\n\nPrepared by the Office of Parliamentary Counsel, Canberra\n\nContents\n\n1 Name of regulations \\[see Note 1\\]\n\n2 Commencement \\[see Note 1\\]\n\n3 Definition\n\n4 Commonwealth regulators\n\n5 Information to be provided by foreign regulators\n\n6 Notices by a Commonwealth regulator\n\n7 Prescribed allowances\n\nSchedule 1 Forms\n\nForm 1 Notice under section 10 of the Act to give information, to produce documents or to appear in order to give evidence and produce documents\n\nNotes\n\n1 Name of regulations \\[see Note 1\\]\n\nThese Regulations are the Mutual Assistance in Business Regulation Regulations 1992.\n\n2 Commencement \\[see Note 1\\]\n\nThese Regulations commence on the date of commencement of the Act.\n\n3 Definition\n\nIn these Regulations:\n\nAct means the Mutual Assistance in Business Regulation Act 1992.\n\n> Note For the definitions of the following terms, see subsection 3 (1) of the Act:\n\n> Note:  foreign business law\n\n> Note:  foreign regulator\n\n> Note:  foreign request.\n\n4 Commonwealth regulators\n\nFor the purposes of the definition of Commonwealth regulator in subsection 3 (1) of the Act, the following authorities of the Commonwealth are prescribed:\n\n(a) Australian Competition and Consumer Commission;\n\n(b) Australian Prudential Regulation Authority;\n\n(c) Australian Securities and Investments Commission.\n\n5 Information to be provided by foreign regulators\n\n(1) For the purposes of paragraph 6 (2) (b) of the Act, the following information is required in relation to a foreign request:\n\n(a) a description in general terms of the subject matter of the request and of the facts of the matter including in particular:\n\n(i) any periods of time to which the request relates; and\n\n(ii) the names, and last known addresses, of individuals to whom, or bodies corporate to which, the request relates or refers;\n\n(b) a description in general terms of the assistance sought;\n\n(c) the purpose for which the assistance is sought;\n\n(d) a copy of the relevant foreign business law, and an English translation if the law is not in English;\n\n(e) a description of the functions of the foreign regulator making the request that is sufficient to enable the Commonwealth regulator to consider the extent to which the functions of the foreign regulator correspond with the functions of the Commonwealth regulator;\n\n(f) a statement as to whether the foreign regulator will be able to comply with a similar request made by the Commonwealth regulator;\n\n(g) a statement as to whether the foreign regulator has sought, or could conveniently seek from another source the information, evidence or documents to which the request relates;\n\n(h) a statement of the grounds on which it is considered that the Commonwealth regulator will be likely to be able to obtain the information, evidence or documents;\n\n(j) the purpose for which the information, evidence or documents is to be used or may at any future time be used;\n\n(k) details of the confidentiality that the foreign regulator will accord any information provided in compliance with the request;\n\n(l) the time within which the foreign regulator desires to receive the information;\n\n(m) whether the foreign regulator desires to receive the information in a single transmission or as and when each item of information becomes available;\n\n(n) the name and contact details of an officer of the foreign regulator who is familiar with the subject matter of the request and who will be available to answer any questions in relation to the request from an officer of the Commonwealth regulator.\n\n(2) If the foreign request is in relation to a suspected contravention of a foreign business law, the following additional information is required:\n\n(a) a description in general terms of the conduct under investigation;\n\n(b) a statement of the way in which the facts give rise to a belief or suspicion that the foreign business law has been, or may have been, contravened.\n\n6 Notices by a Commonwealth regulator\n\nA notice served under subsection 10 (2) of the Act must be in accordance with Form 1 in Schedule 1.\n\n7 Prescribed allowances\n\nFor the purposes of section 21 of the Act, the following allowances are prescribed for a person attending at a place to give information or evidence, or to produce documents, under the Act:\n\n(a) the reasonable cost of travel between the person’s place of residence and the first-mentioned place, and return; and\n\n(b) if the person has to be absent from his or her place of residence for at least 1 night — the reasonable cost of meals and accommodation.\n\nSchedule 1 Forms\n\n(regulation 6)\n\nForm 1 Notice under section 10 of the Act to give information, to produce documents or to appear in order to give evidence and produce documents\n\n(regulation 6)\n\nCOMMONWEALTH OF AUSTRALIA\n\nMutual Assistance in Business Regulation Act 1992\n\nNOTICE UNDER SECTION 10 OF THE ACT TO GIVE INFORMATION, TO PRODUCE DOCUMENTS OR TO APPEAR IN ORDER TO GIVE EVIDENCE AND PRODUCE DOCUMENTS\n\nTo: \\[Name of person or body corporate\\]\n\nof: \\[address of person or body corporate\\]\n\n\\[Name of Commonwealth regulator\\], a Commonwealth regulator for the purposes of the Mutual Assistance in Business Regulation Act 1992, gives you notice, under section 10 of that Act, that you are required:\n\n\\*(a) to give to \\[Name of Commonwealth regulator\\] , by instrument signed by \\[you\\* / a competent officer\\*\\] , within the following time:\n\n\\[state time\\] , and in the following manner:\n\n\\[state manner\\] , the following information that relates to a foreign request \\[state the nature and substance of the request\\] under section 6 of that Act:\n\n\\[state information\\];\n\n\\*(b) to produce to \\[state Commonwealth regulator or person acting on its behalf\\] documents to which the request relates (including in particular \\[state the nature and substance of the request and identify any specific documents\\]\\*);\n\n\\*(c) to appear \\[in the case of a body corporate, insert ‘by a competent officer’\\] before \\[state person before whom the addressee or competent officer is to appear\\] at the following place:\n\n\\[state address of place with sufficient particularity\\] at:\n\n\\[state time\\] on \\[state day of week and date\\]\n\nto give evidence \\[state ‘orally’ or ‘in writing’\\] to which the request relates and to produce documents to which the request relates (including in particular \\[state the nature and substance of the request and identify any specific documents\\]\\*).\n\nThe following conditions have been specified under subparagraph 7 (1) (a) (ii) or paragraph 9 (2) (a) of the Act:\n\n\\[state the conditions, or write ‘nil’, as appropriate\\]\n\n\\*delete as appropriate\n\nDated:\n\n––––––––––––––––––––––––––––––––\n\n(Signature)\n\nFor \\[state name of Commonwealth\n\nregulator\\]\n\nNOTES:\n\n> Note: 1. Under section 13 of the Mutual Assistance in Business Regulation Act 1992, it is an offence, for which maximum penalty is 2 years’ imprisonment, if a person, without reasonable excuse, fails to comply with a requirement of section 10 of the Act or, in purported compliance with that section, gives evidence or information knowing it to be false or misleading in a material particular.\n\n> Note: 2. Section 14 of the Act provides that, for the purposes of section 13, it is not a reasonable excuse for a person to refuse or fail to give information or evidence, or to produce documents, that the information, evidence or production of documents might tend to incriminate the person or make the person liable to a penalty.\n\n> Note: 3. In addition, section 14 provides that the information or evidence may not be used in a criminal proceeding or a proceeding for the imposition of a penalty, other than a proceeding in respect of the falsity of the information or the evidence.\n\n> Notes to the Mutual Assistance in Business Regulation Regulations 1992\n\n> Note 1\n\n> Note: The Mutual Assistance in Business Regulation Regulations 1992 (in force under the Mutual Assistance in Business Regulation Act 1992) as shown in this compilation comprise Statutory Rules 1992 No. 331 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Instruments\n\n| Year andnumber | Date of notificationin Gazette orFRLI registration | Date ofcommencement | Application,saving ortransitional provisions |\n| -------------- | -------------------------------------------------- | ------------------------------------------------- | -------------------------------------------- |\n| 1992 No. 331 | 21 Oct 1992 | 23 Oct 1992 (see r. 2 and Gazette 1992, No. S308) | |\n| 1994 No. 421 | 23 Dec 1994 | 23 Dec 1994 | — |\n| 1995 No. 323 | 3 Nov 1995 | 6 Nov 1995 (see r. 1 and Gazette 1995, No. S423) | — |\n| 1998 No. 263 | 18 Aug 1998 | 18 Aug 1998 | — |\n| 2012 No. 312 | 12 Dec 2012 (see F2012L02432) | 13 Dec 2012 | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.................

am. 1995 No. 323

rs. 2012 No. 312

R. 3.................

rs. 2012 No. 312

R. 4.................

am. 1994 No. 421; 1995 No. 323; 1998 No. 263

R. 5.................

am. 2012 No. 312

\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This version does not change the core scope of the legislation. The Regulations remain procedural and implementation-focused: they prescribe which Commonwealth regulators are covered, the information a foreign regulator must supply with a request, the form for compulsory notices to persons or companies, and modest witness allowances. Later amendments reflected in the compilation update and clarify procedural detail (definitions, wording, and the information checklist) but do not expand the substantive powers or intended purpose of the Act (mutual assistance in business regulation)."},"complexity_factors":["Short instrument: 7 substantive regulations plus a single Schedule (Form 1).","Three prescribed Commonwealth regulators listed in a single clause (regulation 4).","Detailed checklist of required items for foreign requests in regulation 5(1) and an additional sub-list for suspected contraventions in regulation 5(2) (about 14+ items).","Multiple cross-references to the Mutual Assistance in Business Regulation Act 1992 (definitions, sections 6, 10, 13, 14, 21).","One prescribed standard form (Schedule 1) with several optional/conditional fields and deletions, increasing drafting conditionality for practitioners.","Limited but meaningful administrative discretion (assessment of corresponding functions under regulation 5(e)).","Notes reproduce Act penalties and evidentiary protections, requiring users to consult the parent Act for full legal effect."],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- They set the practical rules for how Commonwealth regulators and foreign regulators help each other under the Mutual Assistance in Business Regulation Act 1992.\n- They prescribe which Commonwealth agencies can receive and act on foreign requests (regulation 4).\n- They list the specific information a foreign regulator must supply with a request so an Australian regulator can consider and act on it (regulation 5).\n- They prescribe the form a Commonwealth regulator must use when formally requiring a person or company to provide information, produce documents or attend to give evidence (regulation 6 and Schedule 1 — Form 1).\n- They specify the allowances (reasonable travel and, where overnight absence is required, reasonable meals and accommodation) payable to a person who must attend to give information or evidence (regulation 7).\n\n**Who this affects**\n\n- The three Commonwealth regulators named in the Regulations: the Australian Competition and Consumer Commission (ACCC), the Australian Prudential Regulation Authority (APRA) and the Australian Securities and Investments Commission (ASIC) (regulation 4). These are the bodies authorised to act under the Act with respect to foreign requests.\n- Foreign regulators that ask Australian regulators for assistance — they must provide the information items listed in regulation 5 when making a request.\n- Businesses, bodies corporate and individuals in Australia who may be required to produce documents, give information or appear to give evidence under a notice issued by a Commonwealth regulator using the prescribed Form 1 (regulation 6 and Schedule 1).\n- Officers of foreign regulators who will be nominated as contact points and Australian officers who must assess the correspondence of functions and the request.\n\n**Why this matters (practical effects and trade-offs)**\n\n- It reduces uncertainty about what a foreign regulator must supply for an assistance request to be considered: a description of the subject matter, the assistance sought, the purpose, applicable foreign law (with English translation if needed), contact details and other specified items (regulation 5). That standardisation helps Australian regulators assess and process requests more quickly but imposes a document-and-administration cost on the requesting foreign regulator.\n- The Regulations require foreign requests to state whether the foreign regulator could obtain the information elsewhere and whether it would reciprocate to an Australian request (regulation 5(f)–(g)). Those items give Australian regulators information that influences whether and how to assist, which creates an incentive for foreign regulators to demonstrate reciprocity and that the request is necessary.\n- The Regulations give Australian regulators discretion to evaluate how the foreign regulator’s functions “correspond” with their own by requiring a description of the foreign regulator’s functions (regulation 5(e)). That creates an administrative decision point: the Commonwealth regulator decides how closely the functions match and thus whether assistance is appropriate.\n- The prescribed Notice (Form 1) standardises requirements placed on persons and companies in Australia (regulation 6 and Schedule 1). That reduces ambiguity about legal obligations and the content of a direction, but it also fixes what recipients must consider when complying (e.g., who may sign on behalf of a company, time and manner of production).\n- The Regulations make clear that reasonable travel and, if needed, overnight costs are to be paid for persons who must attend (regulation 7). That places a defined, limited cost on the party issuing the notice (the Commonwealth regulator), rather than on the person compelled to attend.\n- The Schedule’s Notes (reproducing sections of the Act) remind recipients of criminal penalties for non-compliance and of the limited protection against use of compelled information in criminal proceedings (see notes referring to sections 13 and 14 of the Act). That alters behaviour by emphasising legal risk of non‑compliance and the limited scope of immunity for compelled information.\n\n**Costs, incentives and practical implementation risks**\n\n- Cost to foreign regulators: they must assemble and sometimes translate laws and documentation (regulation 5(d)) and provide detailed statements about confidentiality, use of the material, and alternatives — this increases administrative cost for cross-border probes.\n- Compliance burden on businesses and individuals: recipients of notices may need to gather records, travel and provide testimony. The Regulations moderate some of that burden by prescribing allowance categories (regulation 7), but they do not remove the time and operational disruption of compliance.\n- Discretion and uncertainty for regulated firms: a Commonwealth regulator decides whether a foreign request is acceptable in part by judging correspondence of functions (regulation 5(e)); this assessment is factual and may be opaque to outsiders.\n- Confidentiality and reuse risk: foreign regulators must state the confidentiality treatment they will give (regulation 5(k)), and the foreign request must state intended present and future uses of material (regulation 5(j)). Those statements affect how much an Australian regulator will be prepared to share, but confidentiality assurances depend on the foreign regulator’s law and practice and may be hard to enforce.\n- Implementation frictions: translation quality, the adequacy of the foreign regulator’s descriptions, and the timeliness of responses can slow cooperation.\n\n**Concrete mechanics and source references (selected)**\n\n- Prescribed Commonwealth regulators: ACCC, APRA, ASIC (regulation 4).\n- Required content of foreign requests: listed items (a)–(n) in regulation 5(1); additional items where a suspected contravention is involved (regulation 5(2)).\n- Form of a compulsory notice to a person or company: Form 1 in Schedule 1; regulation 6 requires notices under section 10 of the Act to follow that form.\n- Allowances payable to persons compelled to attend: travel and, if one night absent, reasonable meals and accommodation (regulation 7).\n\n**Net effect**\n\n- The Regulations do not create new investigative powers on their own; they prescribe how foreign regulators should present requests and how Australian regulators must notify persons and meet limited costs associated with attendance. They operationalise cross‑border assistance by standardising information requirements, the notice format, and allowances, and by creating decision-relevant inputs (e.g. reciprocity and correspondence of functions) that Australian regulators use when deciding whether to assist."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for mutual assistance in business regulation. The amendments shown (1994, 1995, 1998, 2012) are minor updates—adding APRA to the list of regulators in 1998, updating regulation references, and modernising the form. There is no scope creep; the instrument does exactly what its title suggests and no more."},"complexity_factors":["Only 7 substantive regulations plus a schedule with one form","Minimal cross-referencing (primarily back to the parent Act)","Single defined term ('Act') with other terms incorporated by reference from the Act","Straightforward prescriptive structure: lists which regulators are covered, lists what information foreign regulators must provide, prescribes a form, sets allowances","No nested exceptions or conditional logic beyond basic 'if' statement in regulation 5(2) for suspected contraventions","Form 1 is templated with clear instructions (delete as appropriate) rather than complex legal drafting"],"plain_english_summary":"These regulations set out the practical details for how Australian regulators help foreign regulators investigate business law breaches.\n\n**What it does:**\nThe regulations operate under the Mutual Assistance in Business Regulation Act 1992. They specify:\n\n- **Which Australian regulators can help foreign ones:** The Australian Competition and Consumer Commission (ACCC), the Australian Prudential Regulation Authority (APRA), and the Australian Securities and Investments Commission (ASIC).\n\n- **What foreign regulators must tell us:** When a foreign regulator asks for help, they must provide detailed information including what they're investigating, what assistance they need, copies of the relevant foreign law, whether they'd reciprocate if Australia asked them for help, and how they'll keep any shared information confidential.\n\n- **How Australians are notified:** There's a standard form (Form 1) that regulators must use when requiring someone to give information, produce documents, or appear to give evidence.\n\n- **Expenses for witnesses:** People required to attend and give evidence can claim reasonable travel costs, plus meals and accommodation if they need to stay overnight.\n\n**Who it affects:**\n- Australian businesses and individuals who might be asked to provide information to help foreign investigations\n- The three main financial and competition regulators (ACCC, APRA, ASIC)\n- Foreign regulators seeking assistance with cross-border business regulation\n\n**Why it matters:**\nThis creates a formal process for international cooperation in policing corporate misconduct. It means Australian regulators can help overseas counterparts investigate things like fraud, competition breaches, or financial misconduct that crosses borders, while ensuring proper safeguards around confidentiality and reciprocity."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-assistance-in-business-regulation-regulations-1992","history":"/api/acts/mutual-assistance-in-business-regulation-regulations-1992/history","analysis":"/api/acts/mutual-assistance-in-business-regulation-regulations-1992/analysis","conflicts":"/api/acts/mutual-assistance-in-business-regulation-regulations-1992/conflicts","importantCases":"/api/acts/mutual-assistance-in-business-regulation-regulations-1992/important-cases","documents":"/api/acts/mutual-assistance-in-business-regulation-regulations-1992/documents"}}