{"id":"F1996B02092","name":"Mutual Assistance in Criminal Matters (Argentine Republic) Regulations","slug":"mutual-assistance-in-criminal-matters-argentine-republic-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"372 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29202,"registerId":"commonwealth-F1996B02092-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Assistance in Criminal Matters (Argentine Republic) Regulations","content":"Statutory Rules 1992 No. 3721\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nMutual Assistance in Criminal Matters (Argentine Republic) Regulations\n\nI, 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.\n\nDated 23 November 1992.\n\nBILL HAYDEN\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nMICHAEL DUFFY\n\nAttorney-General\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. These Regulations may be cited as the Mutual Assistance in Criminal Matters (Argentine Republic) Regulations.\n\nCommencement\n\n2. These Regulations commence on 3 January 1993.\n\nInterpretation\n\n3. In these Regulations:\n\n“the Act” means the Mutual Assistance in Criminal Matters Act 1987;\n\n“the Treaty” means the Treaty between the Government of Australia and the Government of the Argentine Republic done at Buenos Aires on 30 August 1990 (being the treaty a copy of the English text of which is set out in the Schedule to these Regulations).\n\nApplication of the Act\n\n4. The Act applies in relation to the Argentine Republic subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to the Treaty.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE Regulation 3\n\nTREATY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE ARGENTINE REPUBLIC ON MUTUAL\n\nASSISTANCE IN CRIMINAL MATTERS\n\nThe Government of Australia and the Government of the Argentine Republic\n\nDESIRING to co-operate in order to facilitate the administration of justice in criminal matters,\n\nHAVE AGREED as follows:\n\nARTICLE 1\n\nSCOPE OF APPLICATION\n\n1. The Contracting Parties shall, in accordance with this Treaty, grant to each other assistance in investigations or proceedings in respect of criminal matters.\n\n2. Criminal matter includes matters connected with offences against a law relating to taxation, customs duties, foreign exchange control and other revenue matters.\n\n3. Such assistance shall consist of:\n\na) taking of evidence and obtaining of statements of persons;\n\nb) provision of documents and other records;\n\nc) location and identification of persons;\n\nd) execution of requests for search and seizure including the search of private premises;\n\n  \n\nSCHEDULE—continued\n\ne) measures to locate, restrain and forfeit the proceeds of offences and to recover pecuniary penalties in respect of offences;\n\nf) making prisoners available to give evidence or to assist investigations;\n\ng) making other persons available to give evidence or to assist investigations;\n\nh) service of documents; and\n\ni) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.\n\n4. Assistance shall not include:\n\na) the arrest or detention of any person with a view to extradition;\n\nb) the execution in the Requested State of criminal judgments imposed in the Requesting State except to the extent permitted by Article 17; and\n\nc) the transfer of prisoners to serve sentences.\n\nARTICLE 2\n\nOTHER ASSISTANCE\n\nThis Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other Treaties or arrangements or otherwise nor prevent the Contracting Parties providing assistance to each other pursuant to other treaties or arrangements.\n\nARTICLE 3\n\nCOMPETENT AUTHORITIES AND CENTRAL OFFICE\n\n1. A request for assistance may be made by a person authorized by the law of the Requesting State being a judicial authority, public prosecutor, the Attorney-General or his or her delegate.\n\n2. The Contracting Parties shall each appoint a Central Office to transmit and receive requests for the purpose of this Treaty. The Central Office of Australia shall be the Attorney-General's Department, Canberra and the Central Office for the Argentine Republic shall be the Ministry of External Relations and Worship. Where a Contracting Party designates another authority for the purpose of this Article, it shall do so through the diplomatic channel.\n\n3. The request for assistance shall be conveyed by the diplomatic channel. Nevertheless, in cases of urgency, the request shall be made through the Central Office  \n\nSCHEDULE—continued\n\nand shall be confirmed at the earliest possible opportunity through the diplomatic channel.\n\n4. The Contracting Parties may entrust their consuls with the execution of procedures permitted by the law of the Requested State.\n\nARTICLE 4\n\nREFUSAL OF ASSISTANCE\n\n1. Assistance shall be refused if:\n\na) the request relates to an offence that is regarded by the Requested State as:\n\n(i) an offence of a political character; or\n\n(ii) an offence under military law which is not also an offence under the ordinary criminal law;\n\nb) the request relates to the prosecution of a person for an offence in respect of which the person has been finally acquitted or pardoned or has served the sentence imposed;\n\nc) there are substantial grounds for believing that the request for assistance has been made to facilitate the prosecution of a person on account of that person's race, religion, nationality or political opinions or that that person's position may be prejudiced for any of these reasons; or\n\nd) the Requested State is of the opinion that the request, if granted, would seriously impair its sovereignty, security, national interest or other essential interests.\n\n2. Assistance may be refused if:\n\na) the request seeks the securing or forfeiture of property or the search of private premises and the acts or omissions would not constitute the offence to which the request relates, had they taken place within the jurisdiction of the Requested State;\n\nb) the request relates to the prosecution or punishment of a person for an offence which is committed outside the territory of the Requesting State and the law of the Requested State does not provide for the punishment of an offence committed outside its territory in similar circumstances;\n\nc) the request for assistance relates to the prosecution of a person for an offence which, had it been committed in the Requested State, could no longer be prosecuted by reason of lapse of time or any other reason; or\n\nd) the provision of the assistance sought could prejudice an investigation or proceeding in the Requested State, prejudice the safety of any person or impose an excessive burden on the resources of that State.\n\n  \n\nSCHEDULE—continued\n\n3. Before refusing to grant a request for assistance the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with the conditions.\n\nARTICLE 5\n\nCONTENTS OF REQUESTS\n\n1. Requests for assistance shall include:\n\na) the name of the competent authority conducting the investigation or proceedings to which the request relates;\n\nb) a description of the nature of the criminal matter including a statement of the relevant laws;\n\nc) except in cases of requests for service of documents, a description of the acts or omissions which constitute the offence;\n\nd) the purpose for which the request is made and the nature of the assistance sought;\n\ne) details of any particular procedure or requirement that the Requesting State wishes to be followed;\n\nf) the requirements, if any, of confidentiality and the reasons therefor; and\n\ng) specification of any time limit within which compliance with the request is desired.\n\n2. Requests for assistance, to the extent necessary and insofar as possible, shall also include:\n\na) the identity, nationality and location of the person or persons who are the subject of the investigation or proceeding;\n\nb) a statement as to whether a sworn or other type of declaration is required;\n\nc) a description of the information, statement or evidence sought;\n\nd) a description of the documents, records or articles of evidence to be produced as well as a description of the appropriate person to be asked to produce them; and\n\ne) information as to the allowances and expenses to which a person appearing in the Requesting State will be entitled.\n\n3. All documents submitted in support of a request shall be accompanied by a translation into the language of the Requested State.\n\n4. If the Requested State considers that the information contained in the request is not sufficient for the purpose of this Treaty to enable the request to be dealt with, that State may request that additional information be furnished.\n\n  \n\nSCHEDULE—continued\n\nARTICLE 6\n\nEXECUTION OF REQUESTS\n\n1. To the extent permitted by its law, the Requested State shall provide such assistance in accordance with the requirements specified in the request and shall respond to the request as soon as practicable after it has been received.\n\n2. The Requested State may postpone the delivery of material requested if such material is required for proceedings in respect of criminal or civil matters in that State. The Requested State shall, upon request, provide certified copies of documents.\n\n3. The Requested State shall promptly inform the Requesting State of circumstances, when they become known to the Requested State, which are likely to cause a significant\n\ndelay in responding to the request.\n\n4. The Requested State shall promptly inform the Requesting State of its decision not to comply in whole or in part with the request for assistance and the reason for that decision.\n\nARTICLE 7\n\nRETURN OF MATERIAL TO REQUESTED STATE\n\nWhere required by the Requested State, the Requesting State, after the completion of the proceedings, shall return to the Requested State material provided by the Requested State in fulfillment of the request.\n\nARTICLE 8\n\nPROTECTING CONFIDENTIALITY AND RESTRICTING USE OF EVIDENCE AND INFORMATION\n\n1. The Requested State, if so requested, shall keep the application for assistance, the contents of the request and its supporting documents, and the fact of granting of such assistance, confidential. If the request cannot be executed without breaching confidentiality, the Requested State shall so inform the Requesting State which shall then determine whether the request should nevertheless be executed.\n\n2. The Requesting State, if so requested, shall keep confidential evidence and information provided by the Requested State, except to the extent that the evidence and information is needed for the investigation and proceeding described in the request.\n\n  \n\nSCHEDULE—continued\n\n3. The Requesting State shall not use evidence obtained, nor information derived therefrom, for purposes other than those stated in a request without the prior consent of the Requested State.\n\nARTICLE 9\n\nSUMMONS AND SUBPOENA\n\n1. Where the Requesting State requires the attendance of a person before its Courts, it shall request the service of the summons or subpoena not less than 30 days before the date on which the attendance is required.\n\n2. In urgent cases the Requested State may waive this requirement.\n\nARTICLE 10\n\nTAKING OF EVIDENCE\n\n1. At the request of the Requesting State, the Requested State shall take the evidence or statements of persons.\n\n2. For the purposes of this Treaty, the giving or taking of evidence shall include the production of documents, records or other material.\n\n3. For the purposes of requests under this Article the Requesting State shall specify the subject matter about which persons are to be examined, including any questions to be put.\n\n4. Where, pursuant to a request for assistance, a person is to give evidence, the parties to the relevant proceedings in the Requesting State, their legal representatives and representatives of the Requesting State may, subject to the laws of the Requested State, appear and question the person giving that evidence. For the purposes of this paragraph the Requesting State shall advise the Requested State of the names of the parties and any representatives entitled to attend.\n\n5. A person who is required to give evidence in the Requested State pursuant to a request for assistance may decline to give evidence where either:\n\na) the law of the Requested State would permit that person to decline to give evidence in similar circumstances in proceedings which originated in the Requested State; or\n\nb) where the law of the Requesting State would permit that person to decline to give evidence in such proceedings in the Requesting State.\n\n  \n\nSCHEDULE—continued\n\n6. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Requested State shall, with respect thereto, rely on a certificate of the Central Office of the Requesting State.\n\nARTICLE 11\n\nAVAILABILITY OF PRISONERS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS\n\n1. A prisoner in the Requested State may at the request of the Requesting State be temporarily transferred to the Requesting State to give evidence or assist investigations.\n\n2. The Requested State shall not transfer a prisoner to the Requesting State unless the prisoner consents.\n\n3. While the original sentence of a prisoner in the Requested State has not expired, the Requesting State shall hold the prisoner in custody and shall return that prisoner in custody to the Requested State at the conclusion of the proceedings in relation to which transfer to the Requesting State was sought or at such earlier time as that prisoner's presence is no longer required.\n\n4. Where the sentence imposed on a person transferred under this Article expires while the person is in the Requesting State, that person shall thereafter be treated as a person referred to in Article 12.\n\nARTICLE 12\n\nFACILITATING ATTENDANCE OF OTHER PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS\n\n1. A person in the Requested State may, at the request of the Requesting State, be invited to appear in the Requesting State to give evidence or to assist investigations.\n\n2. The Requested State shall, if satisfied that satisfactory arrangements for that person's security will be made by the Requesting State, invite the person to consent to appear in proceedings or to assist in the investigations.\n\n  \n\nSCHEDULE—continued\n\nARTICLE 13\n\nIMMUNITY\n\n1. A person who consents to give evidence or assist an investigation in the Requesting State under Articles 11 and 12 shall not be detained, prosecuted or punished in the Requesting State for any offence, or be subject to any civil suit being a civil suit to which the person could not be subjected if the person were not in the Requesting State, in respect of any act or omission which preceded the person's departure from the Requested State. Without that person's consent, he or she shall not be required to give evidence in any proceeding other than the proceeding to which the request relates.\n\n2. Paragraph 1 of this Article shall cease to apply if that person, being free to leave, has not left the Requesting State within a period of thirty days after that person has been officially notified that that person's presence is no longer required or, having left, has returned.\n\n3. A person appearing in a proceeding in the Requesting State pursuant to a request under Articles 11 or 12 shall not be subject to prosecution based on his or her testimony except that that person shall be subject to the laws of that State in relation to contempt and perjury.\n\n4. A person who does not consent to a request pursuant to Articles 11 or 12 shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure notwithstanding any contrary statement in the request.\n\nARTICLE 14\n\nPROVISION OF PUBLICLY AVAILABLE AND OFFICIAL DOCUMENTS\n\n1. The Requested State shall provide copies of any documents or records that are open to public access as part of a public register or otherwise, or that are available for purchase by the public.\n\n2. The Requested State shall provide copies of any official document or record in the same manner and under the same conditions as such document or record may be provided to its own law enforcement and judicial authorities.\n\n  \n\nSCHEDULE—continued\n\nARTICLE 15\n\nCERTIFICATION AND AUTHENTICATION\n\n1. A request for mutual assistance and the supporting documents thereto, as well as documents or other material supplied in response to such a request, shall be certified or authenticated in accordance with paragraph 2.\n\n2. A document is certified or authenticated for the purpose of this Treaty if:\n\na) it purports to be signed or certified by any person specified in paragraph 1 of Article 3 of the State sending the document; and\n\nb) it purports to be sealed with an official seal of a minister of state or of a department of the Government of that State.\n\n3. The signatures and seal on documents presented through the diplomatic channel shall be deemed to be those of the persons and the department referred to in paragraph 2 of this Article.\n\nARTICLE 16\n\nSEARCH AND SEIZURE\n\n1. The Requested State shall insofar as its law permits carry out requests for search, seizure and delivery of any material to the Requesting State provided the request contains information that would justify such action under the law of the Requested State.\n\n2. The Requested State shall provide such information as may be required by the Requesting State concerning the result of any search, the place of seizure, the circumstances of seizure, and the subsequent custody of the property seized.\n\n3. The Requesting State shall observe any conditions imposed by the Requested State in relation to any seized property which is delivered to the Requesting State.\n\nARTICLE 17\n\nPROCEEDS OF OFFENCES\n\n1. The Requested State shall, upon request, endeavour to ascertain whether any proceeds of an offence are located within its jurisdiction and shall notify the Requesting State of the results of its inquiries. In making the request, the Requesting State shall notify the Requested State of the basis of its belief that such proceeds may be located in its jurisdiction.\n\n  \n\nSCHEDULE—continued\n\n2. Where pursuant to paragraph 1 suspected proceeds of an offence are found the Requested State, upon request by the Requesting State, shall take such measures as are permitted by its law to prevent any dealing in, transfer or disposal of, those suspected proceeds of the offence, pending a final determination in respect of those proceeds.\n\n3. Where the person convicted of an offence retains ownership of the proceeds of the offence of which he or she was convicted, the Requested State shall give effect to a pecuniary penalty order in respect of the offence or to a forfeiture or confiscation order in respect of the proceeds of the offence made by a court of the Requesting State.\n\n4. Where the person convicted of an offence has disposed of the proceeds of the offence of which he or she was convicted, a court of the Requested State shall, at the request of the Requesting State, determine whether the transferee obtained the property without notice that it was or may have been the proceeds of an offence. Where the court of the Requested State determines that the transferee was not a bona fide third party it shall order the forfeiture or confiscation of the property.\n\n5. The Requested State shall with respect to the property referred to in paragraphs 3 and 4, retain one half of the value and transfer the remainder to the Requesting State. Where the property is real property the Requested State shall sell that property and disburse the proceeds of that sale in accordance with this paragraph.\n\n6. For the purpose of this Article, proceeds of an offence includes any property obtained directly or indirectly as a result of the commission of an offence and instrumentalities used in the commission of the offence.\n\nARTICLE 18\n\nSUBSIDIARY ARRANGEMENTS\n\nThe Central Offices of the Contracting Parties may enter into subsidiary arrangements consistent with the purposes of this Treaty in order to facilitate its functioning.\n\nARTICLE 19\n\nREPRESENTATION\n\nFor the purposes of this Treaty, the Requested State, through its competent authorities, shall afford representation of the interests of the Requesting State in any proceedings. The representative appointed by the Requested State shall be legally authorized to act in those proceedings.\n\n  \n\nSCHEDULE—continued\n\nARTICLE 20\n\nEXPENSES\n\nThe Requested State shall meet the cost of fulfilling the request for assistance except that the Requesting State shall bear:\n\na) the expenses associated with conveying any person to or from the territory of the Requested State, and any fees, allowances or expenses payable to that person while in the Requesting State pursuant to a request under Articles 11 or 12;\n\nb) the expenses associated with conveying custodial or escorting officers; and\n\nc) where required by the Requested State, exceptional expenses in fulfilling the request.\n\nARTICLE 21\n\nCONSULTATION\n\nThe Contracting Parties shall consult promptly, at the request of either, concerning the interpretation, the application or the carrying out of this Treaty either, generally or in relation to a particular case.\n\nARTICLE 22\n\nENTRY INTO FORCE AND TERMINATION\n\n1. This Treaty shall enter into force thirty days after the date on which the Contracting Parties have notified each other in writing that their respective requirements for the entry into force of this Treaty have been complied with.\n\n2. This Treaty shall also apply to requests made in relation to acts or omissions occurring prior to this Treaty entering into force.\n\n3. Either Contracting Party may notify the other in writing at any time of its intention to terminate this Treaty and it shall cease to be in force on the one hundred and eightieth day after the day on which notice is given.\n\n4. Notwithstanding that a Contracting Party has given notice pursuant to paragraph 3, this Treaty continues to apply to requests made before that notice was given.\n\n  \n\nSCHEDULE—continued\n\nIN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.\n\nDONE at Buenos Aires, on the thirtieth day of August, one thousand nine hundred and ninety in the English and Spanish languages, both texts being equally authentic.\n\n| FOR THE GOVERNMENT OF AUSTRALIA |     | FOR THE GOVERNMENT OF THE ARGENTINE REPUBLIC |\n| ------------------------------- | --- | -------------------------------------------- |\n| RICHARD WOOLCOTT                |     | HECTOR SUBIZA                                |\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 30 November 1992.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. The Regulations serve solely to give domestic legal effect to the specific treaty with Argentina concluded in 1990. The scope is limited to mutual assistance in criminal matters between these two specific countries, and the content directly mirrors the treaty obligations without expansion into broader areas."},"complexity_factors":["The Regulations themselves are extremely short (only 4 operative provisions) with minimal defined terms (just 2: 'the Act' and 'the Treaty')","However, the Schedule incorporates a full bilateral treaty with 22 articles containing detailed procedural requirements, conditions, and exceptions","Multiple cross-references between the Regulations and the underlying Mutual Assistance in Criminal Matters Act 1987","Nested conditional logic in refusal grounds (Article 4 distinguishes between mandatory refusal 'shall' and discretionary refusal 'may')","Complex procedural requirements for requests (Article 5 lists 7 mandatory and 5 optional elements)","Specific time limits and conditions (e.g., 30-day notice for summons in Article 9, 30-day departure window for immunity in Article 13)","Detailed arrangements for prisoner transfers (Article 11) and asset forfeiture (Article 17) with specific formulas for proceeds distribution (50/50 split)"],"plain_english_summary":"This legislation creates a set of rules that allow Australia and Argentina to help each other investigate and prosecute crimes. It essentially puts into Australian law a formal agreement (called a 'treaty') signed in 1990.\n\n**What it does:**\n- **Enables cooperation:** Australian and Argentine authorities can request assistance from each other for criminal investigations and court cases.\n- **Types of help available:**\n  - Taking witness statements and gathering evidence\n  - Finding and identifying people\n  - Searching homes and seizing property\n  - Tracking down and freezing money or assets from crimes\n  - Temporarily moving prisoners between countries to give evidence\n  - Serving court documents\n- **Protections built in:**\n  - Either country can refuse to help if the request involves political crimes, military offences, discrimination, or would harm national security\n  - Prisoners must consent before being transferred\n  - People who travel to give evidence get immunity from prosecution for past offences (they can't be arrested for old crimes while helping with the case)\n  - Information shared must be kept confidential and only used for the specific case it was requested for\n\n**Who it affects:**\n- Law enforcement and prosecution agencies in both countries\n- People under criminal investigation or prosecution in either country\n- Prisoners who might be transferred to give evidence\n- Anyone whose property or documents are subject to a cross-border request\n\n**Why it matters:**\nCrime increasingly crosses international borders—fraudsters, drug traffickers, and money launderers often operate in multiple countries. This law creates a formal, reliable pathway for Australian and Argentine authorities to share evidence and cooperate, making it harder for criminals to hide evidence or assets overseas. It also ensures there are safeguards so that cooperation doesn't violate human rights or national interests."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This regulation's sole function is to make the Mutual Assistance in Criminal Matters Act 1987 operate in relation to the Argentine Republic by giving effect to the bilateral Treaty reproduced in the Schedule. It does not expand the scope beyond the Treaty’s text; rather it implements the agreed treaty terms and specifies the central office for Australia (Attorney‑General's Department). The instrument therefore aligns with its original, limited implementing purpose and does not materially change the legislation's substantive scope."},"complexity_factors":["Instrument is an implementing regulation plus a 22‑article bilateral Treaty reproduced in full (many procedural provisions).","Cross‑reference to the Mutual Assistance in Criminal Matters Act 1987 (Regulation 4) — interaction between domestic Act and treaty text.","Multiple conditional and discretionary refusal grounds (Article 4) including political, military, discrimination, sovereignty/security and resource‑burden tests.","Detailed content requirements for requests including translations and possible requests for more information (Article 5); administrative steps and diplomatic vs central‑office channels (Article 3).","Procedural complexity around taking evidence abroad (Article 10), attendance of parties and lawyers subject to local law (Article 10(4)), and rights to decline to give evidence (Article 10(5)).","Prisoner‑transfer and attendance rules with consent, custody and sentence‑expiry consequences (Articles 11–13).","Search, seizure, asset restraint and forfeiture mechanics, including a specific split of proceeds (Article 16–17), which creates legal and financial calculations.","Certification/authentication requirements for documents (Article 15) and confidentiality/use restrictions on evidence (Article 8).","Expense allocation rules with exceptions and potential for exceptional costs (Article 20).","Provisions permitting subsidiary arrangements and consultations that create further, possibly variable procedures (Articles 18–21)."],"plain_english_summary":"**What this instrument does (in plain English)**\n\n- This regulation applies Australia's Mutual Assistance in Criminal Matters Act 1987 to the Argentine Republic by giving effect to a bilateral treaty between Australia and Argentina (the Treaty is reproduced in the Schedule). (Regulation 4; Schedule)\n\n- Mechanically, it means Australian authorities and Argentine authorities can request and provide a wide range of co‑operation in criminal investigations and proceedings. The Treaty lists what assistance can be requested (Article 1): taking evidence and statements; providing documents and records; locating and identifying people; search and seizure; locating and restraining proceeds of crime; making prisoners or other persons available to give evidence; service of documents; and other assistance consistent with the Treaty (Article 1(3)).\n\n**Who is affected**\n\n- Law enforcement agencies, prosecutors, courts and central offices in both countries (Article 3).\n- Individuals who are the subject of requests (suspects, witnesses, prisoners) and private persons or businesses whose documents or premises may be searched or whose assets may be restrained or forfeited (Articles 1, 14, 16, 17).\n- Parties obliged to translate, certify or authenticate material for cross‑border requests (Articles 5, 15).\n\n**Key procedural features (how it works)**\n\n- Central offices: Each country designates a central office to transmit and receive requests (Attorney‑General's Department for Australia) and requests usually go through diplomatic channels, except urgent cases via the central offices (Article 3).\n- Content and form: Requests must include specified information — identity of the authority, description of the offence, acts/omissions, purpose, any confidentiality requirements, time limits, and supporting documents with translations (Article 5).\n- Execution: The Requested State will provide assistance \"to the extent permitted by its law\" and respond as soon as practicable; it may postpone delivery if the material is needed for its own proceedings (Article 6).\n- Refusal and conditions: The Requested State may refuse assistance in stated circumstances (e.g. political or strictly military offences, double jeopardy, discrimination, or where granting would harm sovereignty or security) and may impose conditions on assistance (Article 4).\n- Confidentiality and use: The Requested State can require confidentiality; the Requesting State must not use evidence for other purposes without prior consent (Article 8).\n- Taking evidence and attendance: The Treaty sets rules for taking evidence abroad, attendance by parties and lawyers (subject to local law), and for bringing prisoners or other persons to give evidence (Articles 9–13).\n- Search, seizure and proceeds: The Requested State will carry out searches/seizures where its law permits (Article 16). If proceeds of crime are found, the Treaty requires measures to preserve them; where forfeiture is ordered, the Requested State retains half the value and transfers the remainder to the Requesting State (Article 17(5)).\n- Costs: The Requested State bears the cost of fulfilling requests except for travel and escort expenses for persons transferred, and certain exceptional costs required by the Requested State (Article 20).\n\n**Why it matters (stated purpose and practical trade‑offs)**\n\n- The stated purpose is to facilitate co‑operation in criminal investigations and proceedings between Australia and Argentina (Schedule preamble and Article 1). Implementation creates formal channels and predictable procedures for cross‑border evidence gathering, asset restraint and forfeiture, witness attendance, and service of process.\n\n- Costs and incentives: The Requested State generally absorbs most execution costs (Article 20), which creates a resource burden on domestic law enforcement and courts. The Requesting State pays travel/escort and exceptional costs it agrees to. The split of forfeited proceeds (Article 17(5)) provides a concrete, predictable allocation of financial benefit that may affect prioritisation of mutual‑assistance cases.\n\n- Discretion and legal limits: Assistance is explicitly subject to the law of the Requested State (Article 1(3)(i) and Article 6(1)), so domestic legal constraints (e.g. rights to decline to give evidence, search warrant standards, or statutes of limitations) can limit what will be delivered. Article 4 gives the Requested State broad, enumerated grounds to refuse assistance or to attach conditions.\n\n- Compliance and administrative burden: Requests must be translated and authenticated (Article 5(3), Article 15), and include specified particulars; central offices must manage urgent vs diplomatic channels (Article 3). Those requirements impose administrative work on prosecuting agencies, central offices and courts.\n\n- Effects on private actors and businesses: The Treaty authorises search/seizure of private premises and production of documents where permitted by domestic law (Articles 1(3)(d), 16, 14). It also permits steps to locate and restrain proceeds of crime and to apply forfeiture orders (Article 17), which can affect ownership and the use of private assets.\n\n- Legal protections for individuals: The Treaty includes immunity for persons transferred or voluntarily appearing to give evidence against prosecution for prior acts (Article 13), and sets limits on using evidence provided for other purposes without consent (Article 8).\n\n**Implementation risks and trade‑offs**\n\n- Speed vs. safeguards: Diplomatic and central‑office channels plus translation/authentication slow urgent cooperation unless urgent procedures are used (Article 3). The requested State's ability to impose conditions and to refuse assistance protects sovereignty and legal safeguards but can delay or deny requests (Article 4).\n\n- Resource allocation: Because the Requested State usually pays routine costs (Article 20), agencies must weigh domestic priorities against international requests; extraordinary costs may be charged back to the Requesting State only when required and agreed.\n\n- Predictability: The Treaty sets clear rules for many common forms of assistance and allocates proceeds of forfeiture, which improves predictability for authorities in both countries (Article 17). However, several provisions are explicitly constrained by domestic law, so actual outcomes depend on domestic statutes and judicial decisions.\n\n(References: Regulation 4; Treaty Articles 1–22 in the Schedule.)"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/mutual-assistance-in-criminal-matters-argentine-republic-regulations","history":"/api/acts/mutual-assistance-in-criminal-matters-argentine-republic-regulations/history","analysis":"/api/acts/mutual-assistance-in-criminal-matters-argentine-republic-regulations/analysis","conflicts":"/api/acts/mutual-assistance-in-criminal-matters-argentine-republic-regulations/conflicts","importantCases":"/api/acts/mutual-assistance-in-criminal-matters-argentine-republic-regulations/important-cases","documents":"/api/acts/mutual-assistance-in-criminal-matters-argentine-republic-regulations/documents"}}