{"id":"F1996B01923","name":"Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations","slug":"mutual-assistance-in-criminal-matters-traffic-in-narcotic-drugs-and-psychotropic-substances-regulati","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"401 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29159,"registerId":"commonwealth-F1996B01923-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations","content":"![](image.001.png)\n\nMutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations\n\nStatutory Rules 1992 No. 401 as amended\n\nmade under the\n\nMutual Assistance in Criminal Matters Act 1987\n\nThis compilation was prepared on 6 June 2003 \ntaking into account amendments up to SR 1998 No. 26\n\nPrepared by the Office of Legislative Drafting, \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Citation \\[see Note 1\\]\n\n2 Commencement\n\n3 Definitions\n\n4 Application of the Act\n\n1 Citation \\[see Note 1\\]\n\nThese Regulations may be cited as the Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations.\n\n2 Commencement\n\nThese Regulations commence on the date of commencement of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.\n\n3 Definitions\n\nIn these Regulations:\n\n> Party means a foreign country that is a Party to the UN Convention.\n\n> the Act means the Mutual Assistance in Criminal Matters Act 1987.\n\n> UN Convention means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, being the Convention referred to in, and a copy of the English text of which is set out in the Schedule to, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.\n\n4 Application of the Act\n\nThe Act applies to a Party subject to the UN Convention.\n\n> Note States become Parties to the UN Convention by depositing instruments of ratification, acceptance, approval or accession with the Secretary-General of the United Nations (see Articles 27 and 28). A current list of Parties to the UN Convention may be accessed through the United Nations Internet home page at http://www.un.org.\n\nNotes to the Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations\n\n> Note 1\n\n> Note: The Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations (in force under the Mutual Assistance in Criminal Matters Act 1987) as shown in this compilation comprise Statutory Rules 1992 No. 401 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| 1992 No. 401 | 16 Dec 1992 | 14 Feb 1993 [see r. 2 and Gazette 1993 No. GN 4] | |\n| 1998 No. 26 | 11 Mar 1998 | 11 Mar 1998 | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

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

Provision affected

How affected

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

am. 1998 No. 26

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

rs. 1998 No. 26

Schedule

Schedule.............

rep. 1998 No. 26

\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The 1998 amendments altered the regulations’ structure and narrowed their text to a succinct application rule. The amendment history shows r.3 was amended, r.4 was repealed and substituted, and the Schedule was repealed (1998 No. 26). That indicates a change from the original instrument, which previously included a Schedule and more detailed material. Mechanically this shifts the instrument from possibly containing explicit lists or ancillary detail to relying on the external UN list and the Mutual Assistance Act. The change makes scope application dynamic (depends on UN Convention membership) and simplifies domestic regulation, but it also transfers reliance to external instruments and removes any detailed domestic schedule that would have required local amendment when Parties changed."},"complexity_factors":["4 numbered regulations only (r.1–r.4)","3 defined terms in regulation 3","Single substantive operative provision (r.4) applying the Act to Parties to the UN Convention","Cross‑references to two external instruments: Mutual Assistance in Criminal Matters Act 1987 and the UN Convention as set out in the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990","Dependence on external, dynamic list of Parties (UN holdings) rather than an internal schedule","Amendment history shows substitution/repeal activity (1998 No. 26) but current text is short"],"plain_english_summary":"**What these regulations do (plain English)**\n\n- These regulations tell you that Australia’s Mutual Assistance in Criminal Matters Act 1987 (the Act) will be used for criminal cooperation about trafficking in narcotic drugs and psychotropic substances, but only in relation to countries that are Parties to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the UN Convention). (See r.4.)\n\n- They define the short words used in the instrument: \"Party\" means a country that is a Party to the UN Convention; \"the Act\" means the Mutual Assistance in Criminal Matters Act 1987; and \"UN Convention\" points to the convention text set out in the schedule to the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990. (See r.3.)\n\n- The regulations start to operate on the same day the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 commences. (See r.2.)\n\n**Who this affects**\n\n- Foreign governments that are Parties to the UN Convention: they are the states that can seek (and be asked for) mutual legal assistance in drug-trafficking matters under the Act once these regulations apply. (r.3–4.)\n- Australian agencies that handle mutual assistance (Attorney‑General’s Department, Australian Federal Police, Commonwealth prosecutors and courts): they must receive, process and respond to requests under the Act in cases covered by the UN Convention.\n- Individuals and private parties who are the subject of assistance requests (for example, people whose evidence is sought, whose property is the subject of restraint or forfeiture, or who are otherwise involved in cross‑border investigations): they may face subpoenas, production orders, search/seizure, or evidence transfers that flow from requests under the Act.\n\n**Why it matters (mechanically)**\n\n- The regulations do not create new investigative powers themselves. Instead they extend the application of existing mutual‑assistance procedures (the Act) to cooperation involving Parties to the UN Convention on drug trafficking. Mechanically, that means the Act’s procedures and decision points (criteria for granting assistance, grounds for refusal, use and disclosure limits, and any safeguards in the Act) will govern requests related to trafficking in narcotic drugs and psychotropic substances where a request concerns a Party to the UN Convention. (r.3–4.)\n\n**Stated purpose and practical trade‑offs**\n\n- The stated purpose (implicit from the instrument’s form) is to enable and frame mutual assistance between Australia and UN Convention Parties in drug‑trafficking matters by bringing such matters within the Mutual Assistance Act. That is an administrative/legal choice to rely on the Act’s existing mechanisms rather than drafting a separate, bespoke regime for drug trafficking.\n\n- Costs and incentives: the immediate administrative cost is borne by Commonwealth agencies (Attorney‑General’s Department, law enforcement, courts) that process and execute assistance requests. Private parties may bear compliance costs (time, legal costs, possible asset restraint or disclosure obligations). The regulation lowers the transaction cost of cross‑border cooperation (because the Act provides an established process), which incentivises more requests and responses between Parties.\n\n- Trade‑offs and opportunity costs: using the Act keeps procedures uniform across types of mutual assistance but may require Australian authorities to apply the Act’s general tests and safeguards even where Parties expect faster or different forms of cooperation. There is an opportunity cost in relying on the Act rather than designing tailored, drug‑specific rules (for example, the Act’s timing, evidence standards, or refusal grounds may not perfectly match operational preferences of law enforcement). \n\n- Implementation risk and legal uncertainty: these regulations rely on the UN list of Parties (the status of which can change). That makes the set of states covered dynamic — administrative convenience (no need to amend domestic regulations each time a state ratifies) but potential temporary uncertainty about whether a particular state is covered until its UN status is checked. (See note under r.4.)\n\n**How the measure affects private enterprise and markets**\n\n- The measure does not regulate commercial behaviour directly. It affects private enterprises only insofar as they interact with investigations (for example, carriers, banks, importers, couriers, or businesses that may hold evidence or assets). Such businesses may face additional compliance requests (production of records, freezing of assets) when investigations cross borders.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: Commonwealth agencies absorb administrative and operational costs; affected private persons and businesses may incur compliance and legal costs when they are the subject of assistance requests.\n- Who decides: Australian decisions on whether to provide assistance will be made under the decision‑making framework set out in the Mutual Assistance in Criminal Matters Act 1987 and by relevant decision‑makers (Attorney‑General’s Department officials, courts, and law enforcement acting under the Act). The regulations simply specify that the Act applies where the foreign state is a Party to the UN Convention. (r.3–4.)\n- Behaviour changes: foreign states that are Parties can use the Act’s mechanisms to seek assistance; Australian authorities will apply the Act to such requests; private parties should expect that cross‑border evidence and asset actions are feasible in these drug‑related matters.\n\n**Key cross‑references to check when using these regulations**\n\n- The Mutual Assistance in Criminal Matters Act 1987 (for detailed procedures, grounds for refusal, safeguards and how requests are handled).\n- The UN Convention text (to see the precise subject matter coverage) as set out in the schedule to the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.\n\n(References: regulations 2–4 and accompanying notes in the instrument.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose. They were always intended as a simple mechanism to extend mutual assistance cooperation to UN Convention parties for drug trafficking matters. The 1998 amendment removed the Schedule containing the Convention text but did not expand the substantive scope. The legislation has not grown beyond its original narrow technical function."},"complexity_factors":["Only 4 substantive provisions (Rules 1-4)","3 defined terms in the interpretation section (Rule 3)","No conditional logic, exceptions, or nested provisions","Single cross-reference to the parent Act and the UN Convention via the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990","No operational machinery—merely extends application of existing legislation","Straightforward declarative structure: 'The Act applies to a Party subject to the UN Convention'"],"plain_english_summary":"This is a short set of regulations that extends Australia's mutual assistance laws to help foreign countries fight drug trafficking.\n\n**What it does:**\n- These regulations apply the *Mutual Assistance in Criminal Matters Act 1987* (the main law that lets Australia help other countries with criminal investigations and prosecutions) specifically to drug trafficking cases covered by a United Nations treaty.\n\n**Who it affects:**\n- **Foreign countries** that have signed the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (a 1988 international treaty targeting drug trafficking).\n- **Australian law enforcement and courts**, who can now receive and respond to requests for help from these countries—such as sharing evidence, locating witnesses, or freezing assets—specifically for drug-related crimes.\n\n**Why it matters:**\n- Drug trafficking is international by nature. This law makes it easier for Australia to cooperate with other countries to prosecute drug crimes, without needing separate agreements with each country. It essentially says: \"If you're a party to the UN drug convention, Australia will treat your mutual assistance requests for drug trafficking cases the same way we treat requests from countries we have bilateral treaties with.\"\n\n**Key points:**\n- The regulations are very brief—only 4 rules.\n- They don't create new crimes or penalties; they just open the door for international cooperation on existing drug laws.\n- The Schedule (which originally contained the UN Convention text) was removed in 1998, likely because the Convention text is now accessed through the *Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990* instead."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-assistance-in-criminal-matters-traffic-in-narcotic-drugs-and-psychotropic-substances-regulati","history":"/api/acts/mutual-assistance-in-criminal-matters-traffic-in-narcotic-drugs-and-psychotropic-substances-regulati/history","analysis":"/api/acts/mutual-assistance-in-criminal-matters-traffic-in-narcotic-drugs-and-psychotropic-substances-regulati/analysis","conflicts":"/api/acts/mutual-assistance-in-criminal-matters-traffic-in-narcotic-drugs-and-psychotropic-substances-regulati/conflicts","importantCases":"/api/acts/mutual-assistance-in-criminal-matters-traffic-in-narcotic-drugs-and-psychotropic-substances-regulati/important-cases","documents":"/api/acts/mutual-assistance-in-criminal-matters-traffic-in-narcotic-drugs-and-psychotropic-substances-regulati/documents"}}