{"id":"F2013L00205","name":"Mutual Assistance in Criminal Matters (Cybercrime) Regulation 2013","slug":"mutual-assistance-in-criminal-matters-cybercrime-regulation-2013","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"4 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437780,"registerId":"F2013L00205-fast-fetch-1775954487896","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Assistance in Criminal Matters (Cybercrime) Regulation 2013","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms](image.001.png)\n\n \n\nMutual Assistance in Criminal Matters (Cybercrime) Regulation 2013\n\n \n\nSelect Legislative Instrument No. 4, 2013\n\nI, Quentin Bryce, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Mutual Assistance in Criminal Matters Act 1987.\n\nDated   14 February 2013\n\nQuentin Bryce\n\nGovernor‑General\n\nBy Her Excellency’s Command\n\nMark Dreyfus\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name of regulation\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Application of Act to foreign countries that are parties to Convention\n\n \n\n1  Name of regulation\n\n  This regulation is the Mutual Assistance in Criminal Matters (Cybercrime) Regulation 2013.\n\n2  Commencement\n\n  This regulation commences on 1 March 2013.\n\nNote: The commencement day is the day the Convention enters into force for Australia.\n\n3  Authority\n\n  This regulation is made under the Mutual Assistance in Criminal Matters Act 1987.\n\n4  Definitions\n\n  In this regulation:\n\nAct means the Mutual Assistance in Criminal Matters Act 1987.\n\nConvention means the Council of Europe Convention on Cybercrime, done at Budapest on 23 November 2001.\n\nNote: In 2013, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n5  Application of Act to foreign countries that are parties to Convention\n\n  For paragraph 7(2)(b) of the Act, the application of the Act to a foreign country that is a party to the Convention is subject to the Convention.\n\nNote 1: Articles 36 and 37 of the Convention set out how a country becomes a party to the Convention.\n\nNote 2: In 2013, a list of parties to the Convention was on the Council of Europe website (http://hub.coe.int/).\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation does not broaden the Act’s powers. It clarifies that, for countries party to the Council of Europe Convention on Cybercrime, the Act’s application is subject to that Convention (reg 5). It therefore limits application to Convention terms rather than altering substantive mutual assistance authority."},"complexity_factors":["Very narrow, single‑purpose instrument limited to applying the Act to Convention parties (see reg 5).","Relies on an external treaty text for substantive rules and scope (definition of Convention, reg 4).","Cross‑references the parent Act (paragraph 7(2)(b) of the Mutual Assistance in Criminal Matters Act 1987) rather than restating procedures (reg 5).","Low domestic procedural detail — operational practice depends on the Act and the Convention rather than this regulation (reg 5).","Determination of which foreign states are covered requires reference to treaty party lists and treaty entry into force (notes to regs and commencement)."],"plain_english_summary":"This regulation makes the Mutual Assistance in Criminal Matters Act 1987 apply to foreign countries that are parties to the Council of Europe Convention on Cybercrime, but only to the extent permitted by that Convention. It affects Australian authorities and foreign partners handling cybercrime mutual‑assistance: agencies must follow both the Act and the Convention when processing requests. Administrative costs fall on executing agencies; decision‑making follows the Convention and Australian executive processes; behaviour changes include applying treaty rules to assistance requests."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: to declare that the Mutual Assistance in Criminal Matters Act 1987 applies to Convention parties subject to the Convention's terms. It has not expanded beyond this specific treaty-implementation function."},"complexity_factors":["Extremely short: only 5 operative provisions across 2 pages","Minimal defined terms: only 2 definitions ('Act' and 'Convention')","No conditional logic, exceptions, or nested provisions","Single substantive provision (section 5) that simply applies existing law subject to an external treaty","No cross-references to other legislation beyond the parent Act and the Convention itself","Operates as a 'machinery' provision to trigger treaty application rather than creating standalone substantive rules"],"plain_english_summary":"This regulation extends Australia’s Mutual Assistance in Criminal Matters Act 1987 to operate with countries party to the Council of Europe Convention on Cybercrime (the Budapest Convention). It lets Australian authorities follow the Convention’s cooperative framework for cross‑border investigations into hacking, online fraud and child exploitation.\n\nIt affects law enforcement, foreign governments seeking assistance, and accused persons whose digital evidence may be shared under the treaty."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-assistance-in-criminal-matters-cybercrime-regulation-2013","history":"/api/acts/mutual-assistance-in-criminal-matters-cybercrime-regulation-2013/history","analysis":"/api/acts/mutual-assistance-in-criminal-matters-cybercrime-regulation-2013/analysis","conflicts":"/api/acts/mutual-assistance-in-criminal-matters-cybercrime-regulation-2013/conflicts","importantCases":"/api/acts/mutual-assistance-in-criminal-matters-cybercrime-regulation-2013/important-cases","documents":"/api/acts/mutual-assistance-in-criminal-matters-cybercrime-regulation-2013/documents"}}