{"id":"F1997B01966","name":"Mutual Assistance in Criminal Matters Regulations 1988","slug":"mutual-assistance-in-criminal-matters-regulations-1988","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"126 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29459,"registerId":"commonwealth-F1997B01966-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Mutual Assistance in Criminal Matters Regulations 1988.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  (1) In these Regulations, unless the contrary intention appears, the Act means the Mutual Assistance in Criminal Matters Act 1987.\n  (2) In these regulations, a reference to a form by number is a reference to the form in the Schedule which bears that number.","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Application of Criminal Code","content":"#### 2A Application of Criminal Code\n\n  Chapter 2 of the Criminal Code applies to offences against these Regulations.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Power of Magistrate or eligible Judge to send for witnesses and documents","content":"#### 3 Power of Magistrate or eligible Judge to send for witnesses and documents\n\n  (1) A Magistrate or an eligible Judge acting under the Act may issue a summons in accordance with Form 1:\n    (a) requiring a named person to attend as a witness before a Magistrate or an eligible Judge to do any of the following:\n    (i) to give evidence as required under the summons;\n    (ii) to answer questions as required under the summons;\n    (iii) to produce documents and other articles in the person’s custody or control as required under the summons; or\n    (b) requiring a named person who is only to produce documents, other articles, or both:\n    (i) to attend before a Magistrate or an eligible Judge; and\n    (ii) produce the documents (if any) in the person’s custody or control; and\n    (iii) produce the other articles (if any) in the person’s custody or control.\n  (2) Service on a person of a summons under this regulation may be effected in any State or Territory and shall be effected by delivering a copy of the summons to the person personally or to a duly authorised person (authorised by the person to be served) and, at the same time, showing the summons to the person.\n  (3) If service on a person cannot be effected under subregulation (2) for any reason, a Magistrate or an eligible Judge may, on application, order that, instead of service, the steps specified in the order are to be taken to bring the document to the notice of a person named in the summons.\n  (4) If a Magistrate or an eligible Judge makes an order under subregulation (3), the Magistrate or Judge may order that the document be taken to have been served on the happening of a specified event, or on the expiry of any specified time.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Duty of person to continue in attendance","content":"#### 4 Duty of person to continue in attendance\n\n  A person summoned under regulation 3 to attend before a Magistrate or an eligible Judge must attend at the place and time, and on the date, specified in the summons and then from day to day unless excused or released from attending by a Magistrate or Judge.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Arrest of person failing to attend","content":"#### 5 Arrest of person failing to attend\n\n  (1) If a person summoned under regulation 3 to attend before a Magistrate or an eligible Judge fails to attend as required by regulation 4, a Magistrate or an eligible Judge may, on being satisfied that the summons has been duly served and that a reasonable sum for the expenses of attendance has been paid or tendered to that person, issue a warrant for the apprehension of that person in accordance with Form 2.\n  (2) A person named in a warrant issued under subregulation (1) may, under the warrant, be apprehended, brought before a Magistrate or an eligible Judge and detained in custody until released by order of a Magistrate or an eligible Judge.\n  (3) A warrant issued under subregulation (1) may be executed in any State or Territory.\n  (4) The apprehension of a person under this regulation does not relieve the person from any liability incurred by the person because of his or her failure to attend before a Magistrate or an eligible Judge.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Fees for person attending","content":"#### 6 Fees for person attending\n\n  (1) A person who attends before a Magistrate or an eligible Judge in a State or Territory in accordance with a summons under regulation 3 is entitled to be paid witness fees and travelling allowances as if attending before a court of summary jurisdiction in that State or Territory or, in special circumstances, such fees and allowances as the Magistrate or Judge directs.\n  (2) Fees and allowances are payable to a person in accordance with subregulation (1) subject to the deduction of any amount previously paid to the person for expenses of attendance.\n  (3) Fees and allowances are payable by the person at whose request the person named in the summons was summoned.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Power to examine on oath or affirmation","content":"#### 7 Power to examine on oath or affirmation\n\n  (1) A Magistrate or an eligible Judge performing functions under the Act may administer an oath or affirmation to any person appearing as a witness before the Magistrate or Judge and may examine the witness on oath or affirmation.\n  (2) A person may, for the purposes of any proceeding in relation to the Act, make an affirmation instead of taking an oath.\n  (3) Subject to any rules of court applicable to a proceeding in relation to the Act, the forms of oaths and affirmations shall be the same, as nearly as practicable, as those used in the Supreme Court of the State or Territory in which the oath or affirmation is administered.\n  (4) An affirmation made by a person pursuant to this regulation has the same effect for all purposes as if the person had taken an oath.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Offences by persons","content":"#### 8 Offences by persons\n\n  (1) A person who is summoned to attend before a Magistrate or an eligible Judge must not:\n    (a) without reasonable excuse, fail to attend as required by the summons, after payment or tender of a reasonable sum for expenses of attendance;\n    (b) refuse to be sworn or to make an affirmation as a witness or, without reasonable excuse, to answer any question when required to do so by the Magistrate or Judge; or\n    (c) without reasonable excuse, refuse or fail to produce any document or other article that the person was required to produce by the summons.\n\nPenalty: 5 penalty units.\n\n  (2) An offence against paragraph (1)(a) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Offences in relation to Magistrates or eligible Judges","content":"#### 9 Offences in relation to Magistrates or eligible Judges\n\n  A person shall not, when a Magistrate or an eligible Judge is performing functions under the Act:\n    (a) intentionally insult or disturb the Magistrate or Judge;\n    (b) interrupt the proceedings before the Magistrate or Judge;\n    (c) use insulting language to the Magistrate or Judge; or\n    (d) by writing or speech use words calculated:\n    (i) to influence improperly the Magistrate or Judge, a witness or any other person appearing before the Magistrate or Judge; or\n    (ii) to bring the Magistrate or Judge into disrepute.\n\nPenalty: 10 penalty units.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Protection in relation to functions under the Act","content":"#### 10 Protection in relation to functions under the Act\n\n  (1) A Magistrate who performs functions under the Act in a State or Territory has the same protection and immunity as a judge of the Supreme Court of that State or Territory has in the performance of his or her duty as a judge of the Supreme Court.\n  (2) A barrister or solicitor appearing before a Magistrate or an eligible Judge in a State or Territory in connection with the performance by the Magistrate or Judge of functions under the Act has the same protection and immunity as a barrister or solicitor, as the case may be, has in appearing for a party in proceedings in the Supreme Court of that State or Territory.\n  (3) Where a person who is not represented by a barrister or solicitor appears before a Magistrate or an eligible Judge in a State or Territory in connection with the performance by the Magistrate or Judge of functions under the Act, the person has the same protection and immunity as a party to proceedings in the Supreme Court of the State or Territory has in appearing before that Court when not so represented.\n  (4) A person summoned as a witness to attend or appearing before a Magistrate or an eligible Judge who performs functions under the Act in a State or Territory has the same protection as a witness in proceedings in the Supreme Court of that State or Territory.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Forfeiture of recognizance","content":"#### 11 Forfeiture of recognizance\n\n  (1) If any of the following is satisfied that a person admitted to bail in a State or Territory in relation to a proceeding under the Act has failed to comply with the conditions of the recognisance upon which the person was admitted to bail:\n    (a) a Magistrate in the State or Territory;\n    (b) an eligible Judge;\n    (c) a Judge of the Supreme Court in the State or Territory;\n  the Magistrate, the eligible Judge or the Judge of the Supreme Court may, by order, declare the recognisance to be forfeited.\n  (2) If the recognisance has been declared to be forfeited, a court having jurisdiction in the State or Territory in which the recognisance was declared to be forfeited may enforce payment of any amount due under the recognisance by a person residing in that State or Territory.\n  (3) An amount recovered pursuant to this section shall be transmitted to the Attorney‑General of the Commonwealth.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Application of amendments made by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018","content":"#### 12 Application of amendments made by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018\n\n  The amendments of subregulation 3(3) and regulation 5 made by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018 apply in relation to a summons issued before, on or after the commencement of this regulation.","sortOrder":12},{"sectionNumber":"Form 1—Summons","sectionType":"part","heading":"Form 1—Summons","content":"## Form 1—Summons\n\nNote: See regulation 3.\n\nCommonwealth of Australia\n\nSUMMONS\n\nMutual Assistance in Criminal Matters Act 1987\n\nIn the Matter of proceedings relating to\n\nunder the Mutual Assistance in Criminal Matters Act 1987\n\nTo: (name and address)\n\nYOU ARE HEREBY summoned pursuant to regulation 3 of the Mutual Assistance in Criminal Matters Regulations 1988 to appear at (place, date and time) and to attend from day to day unless you are excused or released from so attending to \\*give evidence/ \\*answer questions/ \\*and/ \\*to produce the following/ \\*documents/ \\*and/ \\*other/ \\*articles:\n\nDated\n\n(Signature)\n\n(Description)\n\n\\* Omit if inapplicable.\n\n> Note: If a person who has been served with a summons under the Mutual Assistance in Criminal Matters Regulations 1988 and has been paid or tendered a reasonable sum for the person’s expenses then fails to attend as required by the summons, the person:\n\n    (a) is guilty of an offence and is liable, on conviction, to a fine not exceeding 5 penalty units; and\n    (b) is liable without further notice to be apprehended and brought before a Magistrate or an eligible Judge.\n\nForm 2—Warrant of Apprehension\n\nNote: See regulation 5.\n\nCommonwealth of Australia\n\nMutual Assistance in Criminal Matters Act 1987\n\nWARRANT OF APPREHENSION\n\nTo all police officers within the meaning of the Mutual Assistance in Criminal Matters Act 1987.\n\nWHEREAS:\n\n(a) (name and address of person) was summoned to attend before \\*a Magistrate, being a person performing functions under an arrangement in force under section 39 of the Act, / \\*an eligible Judge/ on (date), and then from day to day unless excused or released from so attending;\n\n(b) (name of person) has failed to attend on (date) as required by the summons; and\n\n(c) I am satisfied that the summons was duly served on (name of person) and that a reasonable sum for the expenses of attendance was \\*paid/ \\*tendered/ to (name of person);\n\nNOW THEREFORE I, pursuant to regulation 5 of the Mutual Assistance in Criminal Matters Regulations 1988, authorise and request you to find (name of person) in any State or Territory of the Commonwealth and to bring (name of person) before a Magistrate, being a person performing functions under an arrangement in force under section 39 of the Act, or an eligible Judge to \\*give evidence/ \\*answer questions/ \\*and/ \\*produce/ \\*documents/ \\*and/ \\*other/ \\*articles/ as required by the summons, and to detain (name of person) in custody for that purpose.\n\n(Date)\n\n(Signature)\n\n(Description)\n\n\\* Omit if inapplicable.","sortOrder":13}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations implement procedural mechanisms under the Mutual Assistance in Criminal Matters Act 1987 (see reg 2). They prescribe how assistance is obtained and enforced—service, attendance, examination, fees, penalties, immunities and forfeiture—but do not purport to broaden or narrow the Act’s substantive scope; they operate as procedural rules accompanying the Act (regs 3–12)."},"complexity_factors":["Procedural focus with limited substantive law—mainly rules for summons, service, warrants and attendance (regs 3–5)","Cross‑jurisdiction execution and service across States and Territories (regs 3(2), 5(3))","Discretion vested in Magistrates or eligible Judges to order alternative service, arrest, detention, excusal and special fees (regs 3(3)–(4), 5(1), 6(1))","Specified penalties and a strict‑liability offence for failure to attend (reg 8(1)–(2))","Assignment of payment liability for fees to the person requesting the summons (reg 6(3)), creating a clear who‑pays rule","Incorporation of Criminal Code Chapter 2 for criminal responsibility (reg 2A) and interaction with court rules for oaths/affirmations (reg 7(3))","Immunities and protections for judicial officers, lawyers and witnesses mirroring Supreme Court practice (reg 10)","Bail recognisance forfeiture and intercourt enforcement with transmission to the Attorney‑General (reg 11)","Use of standard forms in the Schedule and an explicit application clause for prior amendments (Forms; reg 12)"],"plain_english_summary":"These regulations set out the practical steps for obtaining witness testimony and documents under the Mutual Assistance in Criminal Matters Act 1987: who may issue summonses and warrants (Magistrates or eligible Judges), how summonses are served and enforced, attendance duties, examination on oath, and penalties for non‑compliance. They also fix who pays witness fees (the person who requested the summons (reg 6(3))), give protections to judicial and legal participants, and provide for forfeiture of bail and cross‑jurisdiction execution (regs 4–6, 10–11)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing procedural mechanisms for executing Australia's mutual assistance obligations in criminal matters. The 2018 amendment (regulation 12) was a technical clarification about application timing rather than an expansion of scope."},"complexity_factors":["Short length (12 regulations plus 2 forms)","Minimal defined terms (only 'the Act' and form references explicitly defined)","Straightforward procedural structure following logical sequence (summons → attendance → enforcement → offences → protections)","Limited cross-referencing (primarily references to the parent Act and Criminal Code)","Simple conditional logic without nested exceptions","Two standard forms included in Schedule provide practical templates"],"plain_english_summary":"These regulations set out the practical rules for how Australia helps foreign countries with criminal investigations and prosecutions. When another country asks Australia to gather evidence (like witness statements or documents) for a criminal case, these rules explain:\n\n**Who can help:** Magistrates and eligible Judges can issue summonses (official orders) requiring people to give evidence or hand over documents.\n\n**What people must do:**\n- Attend when summoned and stay until released\n- Answer questions under oath or affirmation (a solemn promise to tell the truth)\n- Produce documents or other items requested\n\n**What happens if someone refuses:**\n- They can be arrested and brought before the court\n- They face fines (up to 5 penalty units for failing to attend, up to 10 penalty units for disrupting proceedings)\n- They must pay back any money already given to them for travel expenses\n\n**Protections:** People involved (judges, lawyers, witnesses) get the same legal protections as they would in a Supreme Court case.\n\n**Why it matters:** This creates a formal process for Australia to cooperate with international criminal investigations—things like fraud, drug trafficking, or corruption cases that cross borders. Without these rules, foreign courts couldn't get evidence from Australian witnesses or documents held in Australia."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-assistance-in-criminal-matters-regulations-1988","history":"/api/acts/mutual-assistance-in-criminal-matters-regulations-1988/history","analysis":"/api/acts/mutual-assistance-in-criminal-matters-regulations-1988/analysis","conflicts":"/api/acts/mutual-assistance-in-criminal-matters-regulations-1988/conflicts","importantCases":"/api/acts/mutual-assistance-in-criminal-matters-regulations-1988/important-cases","documents":"/api/acts/mutual-assistance-in-criminal-matters-regulations-1988/documents"}}