{"id":"F2001B00177","name":"Mutual Assistance in Criminal Matters (Sweden) Regulations 2001","slug":"mutual-assistance-in-criminal-matters-sweden-regulations-2001","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"120 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30947,"registerId":"commonwealth-F2001B00177-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Assistance in Criminal Matters (Sweden) Regulations 2001","content":"![](image.001.png)\n\nMutual Assistance in Criminal Matters (Sweden) Regulations 2001\n\nStatutory Rules 2001 No. 120 as amended\n\nmade under the\n\nMutual Assistance in Criminal Matters Act 1987\n\nThis compilation was prepared on 18 June 2003  \ntaking into account amendments up to SR 2001 No. 304\n\nPrepared by the Office of Legislative Drafting,  \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Name of Regulations \\[see Note 1\\]\n\n2 Commencement\n\n3 Application of Act\n\nSchedule 1 Mutual assistance treaty\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Mutual Assistance in Criminal Matters (Sweden) Regulations 2001.\n\n2 Commencement\n\nThese Regulations commence on 1 December 2001.\n\n3 Application of Act\n\nThe Mutual Assistance in Criminal Matters Act 1987 applies to Sweden subject to the Treaty between Australia and Sweden on Mutual Assistance in Criminal Matters done at Stockholm on 18 December 1998, a copy of the English text of which is set out in Schedule 1.\n\nSchedule 1 Mutual assistance treaty\n\n(regulation 3)\n\nTREATY BETWEEN AUSTRALIA AND SWEDEN ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS\n\nAUSTRALIA AND SWEDEN\n\nDESIRING to extend to each other the widest measure of co-operation to combat crime,\n\nHAVE AGREED as follows:\n\nArticle 1\n\nScope of Application\n\n1. The Contracting States shall, in accordance with this Treaty, grant to each other assistance in respect of criminal matters.\n\n2. Criminal matter includes matters relating to revenue offences, foreign exchange control offences and customs duties offences.\n\n3. Such assistance shall include:\n\n(a) taking of evidence and obtaining of statements of persons;\n\n(b) provision of documents and other records;\n\n(c) location and identification of persons;\n\n(d) execution of requests for search and seizure;\n\n(e) measures to locate and restrain proceeds of crime and to enforce orders in respect of proceeds of crime;\n\n(f) making persons in custody available to give evidence or to assist investigations;\n\n(g) making other persons available to give evidence or to assist investigations;\n\n(h) service of documents; and\n\n(i) 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\n(a) the arrest or detention of any person with a view to extradition;\n\n(b) the execution in the Requested State of criminal judgments imposed in the Requesting State except to the extent permitted by the law of the Requested State and this Treaty; and\n\n(c) 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 States whether pursuant to other treaties or arrangements or otherwise nor prevent the Contracting States providing assistance to each other pursuant to other treaties or arrangements.\n\nArticle 3\n\nCentral office\n\n1. The Contracting States shall each appoint a Central Office to transmit and receive requests for the purpose of this Treaty. Until either Contracting State designates another authority, the Central Office for Australia shall be the Attorney‑General’s Department, Canberra and the Central Office for Sweden shall be the Ministry for Foreign Affairs, Stockholm.\n\n2. Requests for assistance shall be made through the Central Offices which shall arrange for the prompt carrying out of such requests.\n\nArticle 4\n\nRefusal of assistance\n\n1. Assistance may be refused if:\n\n(a) the request relates to an offence that is regarded by the Requested State as:\n\n(i) an offence of a political character;\n\n(ii) a military offence which is not also an offence under the ordinary criminal law of the Requested State; or\n\n(iii) an offence in respect of which the person concerned has been finally convicted, acquitted or pardoned in the Requested State or in a third State or in respect of which the Requested State has decided not to prosecute;\n\n(b) there are substantial grounds for believing that the request for assistance has been made to facilitate the prosecution of a person, or, in respect of Article 17, that the order has been brought about or aggravated, on account of that person’s race, sex, religion, nationality or political opinions or that that person’s position may be prejudiced for any of these reasons;\n\n(c) the request relates to an offence where the acts or omissions alleged to constitute that offence would not, if they had taken place within the jurisdiction of the Requested State, have constituted an offence;\n\n(d) the request relates to 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\n(e) the results of the request for assistance are to be used in relation to 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;\n\n(f) 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; or\n\n(g) 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. 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.\n\nArticle 5\n\nContents of requests\n\n1. Requests for assistance shall include:\n\n(a) the name of the competent authority conducting the investigation or proceedings to which the requests relate;\n\n(b) a description of the nature of the criminal matter including a statement setting out the relevant facts and laws;\n\n(c) the court order, if any, sought to be enforced and a statement to the effect that it is a final order;\n\n(d) except in cases of requests for service of documents, a description of the essential acts, or omissions or matters alleged or sought to be ascertained;\n\n(e) the purpose for which the request is made and the nature of the assistance sought;\n\n(f) details of any particular procedure or requirement that the Requesting State wishes to be followed;\n\n(g) the requirements, if any, of confidentiality and the reasons therefor; and\n\n(h) 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\n(a) the identity, nationality and location of the person or persons who are the subject of the investigation or proceeding;\n\n(b) a statement as to whether assistance should be provided by a court or some other authority;\n\n(c) a statement as to whether sworn or affirmed evidence or statements are required;\n\n(d) a description of the information, statement or evidence sought;\n\n(e) a description of the documents, records or articles or evidence to be produced as well as a description of the appropriate person to be asked to produce them and, to the extent not otherwise provided for, the form in which they should be reproduced and authenticated; and\n\n(f) 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 in accordance with this Treaty to enable the request to be dealt with, it may request additional information.\n\nArticle 6\n\nExecution of requests\n\n1. To the extent permitted by its law, the Requested State shall provide assistance in accordance with the requirements specified in the request and shall respond to the request as soon as practicable.\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 delay in responding to the request.\n\n4. The Requested State shall promptly inform the Requesting State of a decision of the Requested State not to comply in whole or in part with a 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.\n\nArticle 8\n\nProtecting confidentiality and restricting use of evidence and information\n\n1. The Requested State, to the extent permitted by its law and if so requested, shall keep the application for assistance, the contents of a 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, to the extent permitted by its law and if so requested, shall keep confidential evidence and information provided by the Requested State.\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\nService of documents\n\n1. The Requested State shall effect service of documents which are transmitted to it for this purpose by the Requesting State.\n\n2. A request to effect service of a document requiring the appearance of a person shall be made to the Requested State not less than 45 days before the date on which the appearance is required. In urgent cases, the Requested State may waive this requirement.\n\n3. The Requested State may effect service of any document in accordance with its law including by mail, or, if the Requesting State so requests, in any other manner required by the law of the Requesting State which is not inconsistent with the law of the Requested State.\n\n4. The Requested State shall forward to the Requesting State proof of service of the documents. If service cannot be effected, the Requesting State shall be so informed and advised of the reasons.\n\n5. A person who fails to answer a summons to appear, service of which has been requested, shall not by reason thereof, be liable to any penalties or be subjected to any coercive measures notwithstanding any contrary statement contained in the summons, unless the person subsequently voluntarily enters the Requesting State and is there again duly summoned.\n\nArticle 10\n\nTaking of evidence of witnesses and experts\n\n1. Where a request is made:\n\n(i) in the case of Australia, by the Attorney-General or his delegate, a judge or magistrate;\n\n(ii) in the case of Sweden, by a court or a public prosecutor;\n\nfor the taking of evidence of witnesses and experts for the purpose of a proceeding in relation to a criminal matter in the Requesting State, the Requested State shall take that evidence for transmission to the Requesting State.\n\n2. For the purpose 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 witnesses or experts are to be examined including any questions to be put.\n\n4. Where, pursuant to a request for assistance, a witness or expert is to give evidence for the purpose of proceedings in the Requesting State, the parties to the relevant proceedings in the Requesting State, their legal representatives or representatives of the Requesting State may, subject to the laws of the Requested State, appear and question the person giving that evidence.\n\n5. A witness or expert who is required to give evidence in the Requested State pursuant to a request for assistance may decline to give evidence where either:\n\n(a) 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\n(b) where the law of the Requesting State would permit that person to decline to give evidence in such proceedings in the Requesting State.\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 Authority of the Requesting State as evidence of the existence of that right.\n\nArticle 11\n\nLocating and identifying persons and obtaining statements\n\n1. The Requested State shall endeavour, upon request, to locate or identify persons for the purpose of an investigation or proceeding in relation to a criminal matter in the Requesting State.\n\n2. The Requested State shall endeavour, upon request, to obtain statements of persons for the purpose of an investigation or proceeding in relation to a criminal matter in the Requesting State.\n\nArticle 12\n\nAvailability of persons in custody to give evidence or assist investigations\n\n1. A person in custody in the Requested State may, at the request of the Requesting State, be temporarily transferred to the Requesting State to give evidence or to assist investigations.\n\n2. The Requested State shall not transfer a person in custody to the Requesting State unless the person consents.\n\n3. While the person is required to be held in custody under the law of the Requested State, the Requesting State shall hold that person in custody and shall return that person in custody either:\n\n(i) at such time as is stipulated by the Requested State; or\n\n(ii) at such earlier time as the person’s presence is no longer required.\n\n4. Where the Requested State advises the Requesting State that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as a person referred to in Article 13.\n\nArticle 13\n\nAvailability of other persons to give evidence or assist investigations\n\n1. The Requesting State may request the assistance of the Requested State in inviting a person:\n\n(a) to appear as a witness or expert in proceedings in relation to a criminal matter in the Requesting State; or\n\n(b) to assist investigations in relation to a criminal matter in the Requesting State.\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 appear as a witness or expert in proceedings or to assist in the investigations.\n\nArticle 14\n\nSafe conduct\n\n1. Where a person is in the Requesting State pursuant to a request made under Articles 9, 12 or 13 that person shall not be prosecuted or detained or subjected to any other restriction of personal liberty in the Requesting State in respect of any act or omission which preceded the person’s departure from the Requested State.\n\n2. Where a person is in the Requesting State pursuant to a request under Articles 12 and 13 that person additionally shall not, without that person’s consent, be required to give evidence in any proceeding or to assist in any investigation other than the proceedings or investigation to which the request relates.\n\n3. Notwithstanding paragraph 1 of this Article, where the person whose appearance is required pursuant to paragraph 2 of Article 9 is the suspect or the accused, that person shall not be prosecuted or detained or subjected to any other restriction of personal liberty for acts or omissions which preceded that person’s departure from the Requested State and are not specified in the document served.\n\n4. Paragraphs 1, 2 and 3 of this Article shall cease to apply if that person, being free to leave, has not left the Requesting State 15 days after that person has been officially notified that his or her presence is no longer required or, having left, has returned.\n\n5. A person appearing in the Requesting State pursuant to a request under Articles 9, 12 or 13 is subject to the law of that State in relation to contempt, perjury and the making of false declarations.\n\n6. A person who does not consent to a request pursuant to Articles 12 or 13 shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure notwithstanding any contrary statement in the request or in any document accompanying the request.\n\nArticle 15\n\nProvision of publicly available and official documents\n\n1. The Requested State shall provide copies of documents and 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 may 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\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 relevant to the investigation or prosecution of a criminal matter, 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 material seized.\n\n3. The Requesting State shall observe any conditions imposed by the Requested State in relation to any seized material which is delivered to the Requesting State.\n\nArticle 17\n\nProceeds of crime\n\n1. The Requested State shall, upon request, endeavour to ascertain whether any proceeds of a crime alleged 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\n2. Where pursuant to paragraph 1 suspected proceeds of crime are found the Requested State shall, upon request, take such action as is permitted by its law to prevent any dealing in, transfer or disposal of, those suspected proceeds of crime, pending a final determination in respect of those proceeds by a court of the Requesting State.\n\n3. The Requested State shall, upon request and insofar as its law permits, give effect to a final order forfeiting or confiscating the proceeds of crime, made by a court of the Requesting State, being an order that, but for the location of the property, would be enforceable in the Requesting State.\n\n4. In the application of this Article the rights of bona fide third parties which have not been determined by courts of the Requesting State shall be respected under the law of the Requested State.\n\n5. The Requested State shall retain the property obtained in satisfaction of the order referred to in paragraph 3 unless otherwise mutually decided in a particular case.\n\n6. In making a request for restraint pursuant to this Article, the Requesting State shall notify the Requested State of the estimated time which will elapse before final judgment may be given. If final judgment is not given by the expiration of the time estimated in the request, the Requesting State shall advise the Requested State of the stage of proceedings reached and a revised estimate of time. The Requested State may then impose a condition setting the duration of the restraint.\n\n7. In this Article “proceeds of crime” means any property suspected, or found by a court, to be property derived or realised, directly or indirectly, as a result of the commission of an offence or to represent the value of that property as well as any other benefits derived from the commission of an offence.\n\n8. The Requesting State shall promptly inform the Requested State of any circumstances, including any other enforcement action, which may affect the request or its execution or which may make it inappropriate to proceed with giving effect to it.\n\nArticle 18\n\nCertification and authentication\n\n1. Documents supporting the request for assistance and documents and other material supplied in response to such a request shall be authenticated in accordance with paragraph 2.\n\n2. Documents and materials are authenticated for the purposes of this Treaty if:\n\n(a) they purport to be signed or certified by an officer in or of the State sending the document; and\n\n(b) they purport to be sealed with an official seal of the State sending the document or of a minister of state, or of a Department or officer of the Government, of that State.\n\nArticle 19\n\nSubsidiary arrangements\n\nThe Central Office of each Contracting State may enter into subsidiary arrangements with each other consistent with the purposes of this Treaty to the extent that such arrangements are consistent with the laws of both Contracting States.\n\nArticle 20\n\nRepresentation and expenses\n\n1. Unless otherwise provided in this Treaty the Requested State shall make the necessary arrangements for the representation of the Requesting State in proceedings arising out of a request for assistance and shall otherwise represent the interests of the Requesting State.\n\n2. The Requested State shall meet the cost of fulfilling the request for assistance except that the Requesting State shall bear:\n\n(a) 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 whilst in the Requesting State pursuant to a request under Articles 12 or 13;\n\n(b) the expenses associated with conveying custodial or escorting officers;\n\n(c) the expenses associated with the attendance of experts in the Requested State; and\n\n(d) where required by the Requested State, exceptional expenses in fulfilling the request.\n\nArticle 21\n\nConsultation\n\nThe Contracting States 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 be ratified; the instruments of ratification shall be exchanged in Stockholm as soon as possible. It shall enter into force on the first day of the second month after the exchange of the instruments of ratification.\n\n2. This Treaty shall apply to requests pursuant to it whether or not the relevant acts or omissions occurred prior to this Treaty entering into force.\n\n3. Either Contracting State may terminate this Treaty by notice in writing at any time and it shall cease to be in force on the one hundred and eightieth day after the day on which notice is given.\n\nIN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Treaty.\n\nDONE at Stockholm on the eighteenth day of December, one thousand nine hundred and ninety-eight in the English and Swedish languages, both texts being equally authentic.\n\nFor Australia: For Sweden:\n\nJudith Pead Anna Lindh\n\n> Notes to the Mutual Assistance in Criminal Matters (Sweden) Regulations 2001\n\n> Note 1\n\n> Note: The Mutual Assistance in Criminal Matters (Sweden) Regulations 2001 (in force under the Mutual Assistance in Criminal Matters Act 1987) as shown in this compilation comprise Statutory Rules 2001 No. 120 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ------------------- | --------------------------------------------- |\n| 2001 No. 120   | 6 June 2001                    | 1 Nov 2001          |                                               |\n| 2001 No. 304   | 15 Oct 2001                    | 15 Oct 2001         | —                                             |\n\n> Note: > Note: Table of Amendments\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"border-collapse:collapse\"><tbody><tr><td colspan=\"2\" style=\"width:354.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmendHead\" style=\"margin-right:0pt\"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style=\"width:111.1pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableColHead\"><span>Provision affected</span></p></td><td style=\"width:233pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableColHead\"><span>How affected</span></p></td></tr><tr><td style=\"width:111.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt; margin-bottom:3pt\"><span>R. 2</span><span style=\"width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td style=\"width:233pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt; margin-bottom:3pt\"><span>am. 2001 No. 304</span></p></td></tr></tbody></table>\n```","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of implementing the 1998 bilateral treaty on mutual assistance in criminal matters. The regulations simply apply the Mutual Assistance in Criminal Matters Act 1987 to Sweden subject to this specific treaty. No expansion beyond the treaty terms has occurred."},"complexity_factors":["Straightforward structure: 3 short regulations plus a schedule containing the treaty","Only 1 defined term ('proceeds of crime' in Article 17)","Minimal cross-referencing — mostly sequential articles with clear internal references","No nested exceptions or conditional logic beyond standard treaty qualifications ('to the extent permitted by its law')","Clear, descriptive article headings that follow logical progression","Single amendment (to commencement date) in legislative history — no complex layering of changes"],"plain_english_summary":"This legislation creates a formal agreement between Australia and Sweden to help each other investigate and prosecute crimes. It sets out the rules for how the two countries can request and provide assistance to one another.\n\n**What it covers:**\n- **Taking evidence and witness statements** — getting people to give testimony or provide documents for court cases in the other country\n- **Finding people** — locating suspects, witnesses or others needed for investigations\n- **Searching and seizing property** — carrying out raids and confiscating evidence\n- **Tracking and freezing criminal assets** — locating and blocking money or property obtained through crime\n- **Serving court documents** — officially delivering legal papers to people in the other country\n- **Transferring prisoners** — temporarily moving people in custody to give evidence\n\n**Key protections:**\n- **Safe conduct** — people who travel to give evidence cannot be prosecuted for past crimes, nor detained beyond what was agreed\n- **Confidentiality** — requests and evidence can be kept secret if needed\n- **Grounds for refusal** — either country can say no if the request involves political offences, would be unfair based on race or religion, would harm their own investigations, or would breach their sovereignty\n\n**Who runs it:**\nAustralia's Attorney-General's Department and Sweden's Ministry for Foreign Affairs act as the central contact points for all requests.\n\n**Why it matters:**\nCrime increasingly crosses borders. This treaty ensures Australian and Swedish police and prosecutors can work together effectively while respecting each country's laws and protecting individual rights."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Regulations do not broaden the Act’s subject‑matter beyond its original purpose; they simply apply the Mutual Assistance in Criminal Matters Act 1987 to Sweden by adopting the bilateral Treaty text as a Schedule and setting commencement. Any changes recorded in the compilation (e.g. an amendment to the commencement provision) are administrative and do not expand the substantive scope of mutual assistance beyond what the Act and the Treaty contemplate."},"complexity_factors":["Regulations themselves are short (3 provisions) but incorporate a detailed 22‑article Treaty (Schedule 1).","Multiple cross‑references to the Mutual Assistance in Criminal Matters Act 1987 (the enabling statute).","Numerous procedural requirements in Article 5 with many subparts and translation/authentication rules (Article 5(1)–(2), 5(3), Article 18).","Several conditional phrases limiting obligations: “to the extent permitted by its law” appears across Articles (6, 15, 16, 17), creating legal contingency and unpredictability.","Expanded grounds for refusal with multiple distinct categories and a residual national‑interest test (Article 4).","Several nested protections and exceptions for persons (Articles 10–14) including interaction between domestic privilege rules and certificates of rights to decline testimony (Article 10(5)–(6)).","Detailed cost‑allocation rules and enumerated exceptions (Article 20) — some costs borne by Requested State, specific costs borne by Requesting State."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- These Regulations make the Mutual Assistance in Criminal Matters Act 1987 apply between Australia and Sweden by adopting, as a schedule, the bilateral Treaty on Mutual Assistance in Criminal Matters between Australia and Sweden (signed 18 December 1998). (Regulation 3 and Schedule 1.)\n- They give the Attorney‑General’s Department (for Australia) and the Swedish Ministry for Foreign Affairs (for Sweden) the roles of Central Offices for receiving and transmitting mutual‑assistance requests, unless another authority is later designated. (Article 3.)\n- The Regulations commenced on 1 December 2001. (Regulation 2.)\n\n**Who is affected**\n\n- Government authorities: prosecutors, courts, law enforcement agencies and the Attorney‑General’s Department (Australia) and the corresponding Swedish ministry and authorities. (Articles 3, 10.)\n- Individuals: witnesses, experts, suspects, accused persons and persons in custody who may be located, summoned, temporarily transferred or asked to give evidence. (Articles 9–14.)\n- Private parties and organisations: holders of documents, business records, banks and other entities that may be asked to produce information, documents or to be subject to search/seizure requests. (Articles 1(3)(b), 15, 16.)\n\n**How it works in practice (key mechanics in the Treaty)**\n\n- Types of assistance allowed: taking evidence and statements; providing documents and records; locating and identifying persons; search and seizure; restraint and enforcement in respect of proceeds of crime; making persons available to give evidence; service of documents; and other assistance consistent with the Treaty and domestic law. (Article 1(3), (4).)\n- Grounds for refusing assistance: political or certain military offences, double jeopardy or finality of proceedings, requests that would violate the Requested State’s criminal law equivalence, prejudice to ongoing domestic investigations or an excessive burden on resources, or if granting would seriously impair sovereignty, security or essential interests. The Requested State may, instead, offer assistance subject to conditions. (Article 4.)\n- Form and content of requests: requests must identify the authority making them, describe the facts and laws, set out the assistance sought, include supporting documents translated into the Requested State’s language, and specify any confidentiality needs and time limits. Insufficient requests may be returned for more information. (Article 5.)\n- Execution, delay and confidentiality: the Requested State shall, to the extent its law permits, carry out requests as specified and tell the Requesting State promptly of delays or refusals. Both sides may require confidentiality and may limit use of evidence to the purpose stated in the request. (Articles 6, 8.)\n- Witnesses and persons in custody: the Treaty provides for taking evidence in the Requested State for transmission; temporary transfer of people in custody only with consent; “safe conduct” protections against prosecution in the Requesting State for acts preceding departure (subject to conditions and time limits); and limits on compelling evidence depending on the laws of either State. (Articles 10–14.)\n- Search, seizure and proceeds of crime: the Requested State may, where its law permits, execute search and seizure and take restraint measures and, to the extent its law allows, give effect to final foreign confiscation orders; rights of bona fide third parties are to be respected. (Articles 16–17.)\n- Costs and expenses: generally the Requested State meets the costs of fulfilling requests; the Requesting State bears specified travel and allowance costs for persons transferred or experts, escort costs and any exceptional expenses required by the Requested State. (Article 20.)\n\n**Official purpose claim and an analyst’s test of trade‑offs**\n\n- Official claim (as stated in the Treaty): the Contracting States desire to extend the widest measure of co‑operation to combat crime. (Preamble and Article 1.)\n\nAnalyst’s test against costs, incentives and implementation realities:\n\n- Who pays: most execution costs fall on the Requested State (public budget). The Requesting State pays travel and personal allowances for transferred persons and other specified costs (Article 20). That allocation concentrates operational costs at the Requested State while concentrating the immediate investigatory benefit with the Requesting State. (Article 20.)\n- Administrative and compliance burden: the Treaty requires translated documents, authentication, detailed case information, and possible certified copies — raising staffing, translation and legal‑processing costs for central authorities and for businesses asked to produce records. (Articles 5, 18.)\n- Discretion and legal limits: assistance is repeatedly qualified “to the extent permitted by its law” and various refusal grounds (Article 4). Those provisions preserve domestic procedural and substantive limits but introduce legal uncertainty for Requesting States about which requests will be executed. (Articles 4, 6, 16, 17.)\n- Incentives for cooperation and for non‑cooperation: safe‑conduct and consent‑based transfer provisions incentivise persons to assist (Article 14) but the possibility of refusal on sovereignty/national‑interest or resource‑burden grounds provides a concrete lever for a Requested State to decline or condition help. (Articles 4, 14.)\n- Effects on private parties and businesses: entities holding records may face compelled production requests or searches under Swedish or Australian domestic law; that creates compliance costs and potential disruption, but the Treaty preserves legal protections and rights of third parties (Article 15, 16, 17(4)).\n- Asset recovery trade‑offs: the Treaty enables restraint and recognition of foreign confiscation orders “insofar as its law permits,” which can make cross‑border asset tracing and restraint feasible but contingent on domestic legal regimes and judicial determinations. (Article 17.)\n- Implementation risk and delays: translation, authentication and differing admissibility and testimonial rules may cause delay or partial compliance; the Treaty requires prompt notification of delays but does not eliminate procedural mismatch risks. (Articles 5(3), 6, 18.)\n\n**Behavioural changes the instrument is likely to produce**\n\n- Law enforcement agencies will include Sweden in their mutual legal assistance planning and use the Attorney‑General’s Department as the Australian gateway for requests. (Regulation 3; Article 3.)\n- Courts and prosecutors may seek documentary and testimonial evidence across borders more readily, subject to the procedural and discretionary limits in the Treaty. (Articles 5, 10, 16, 17.)\n- Businesses and custodians of records will face additional potential subpoena/search requests coming through the Central Authority route, and must factor translation/authentication costs into compliance. (Articles 5, 15, 18.)\n\n**Key legal limits to note**\n\n- The Treaty expressly does not cover extradition, transfer of prisoners to serve sentences, or enforcement of foreign criminal sentences except as domestic law permits. (Article 1(4).)\n- Many obligations are qualified by the requirement that assistance be provided “to the extent permitted by [a State’s] law,” preserving domestic procedural safeguards. (Articles 6, 15, 16, 17.)\n\n"},"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-sweden-regulations-2001","history":"/api/acts/mutual-assistance-in-criminal-matters-sweden-regulations-2001/history","analysis":"/api/acts/mutual-assistance-in-criminal-matters-sweden-regulations-2001/analysis","conflicts":"/api/acts/mutual-assistance-in-criminal-matters-sweden-regulations-2001/conflicts","importantCases":"/api/acts/mutual-assistance-in-criminal-matters-sweden-regulations-2001/important-cases","documents":"/api/acts/mutual-assistance-in-criminal-matters-sweden-regulations-2001/documents"}}