Commonwealth legislation

Mutual Assistance in Criminal Matters (Japan) Regulations

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

116 of 1989

Collection

legislative instrument

Plain English Summary

1/10 complexity

These regulations create a legal cooperation agreement between Australia and Japan for criminal investigations.

What they do: They activate the Mutual Assistance in Criminal Matters Act 1987 for Japan. This parent Act allows countries to request help from each other for criminal matters—things like taking witness statements, locating people, or seizing evidence.

The catch: Two specific sections of the Act don't apply to Japan:

Part IV (which covers enforcing foreign orders to confiscate proceeds of crime—basically freezing or seizing money/assets from illegal activity)
Part VI (which covers other specific assistance measures)

Who it affects: Police, prosecutors, and courts in both countries who need to request evidence or assistance from the other nation. It means they can cooperate on most criminal matters, but cannot use this particular framework to confiscate criminal assets or use the specific procedures outlined in those excluded Parts.

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Current sections

Direct links to the current provisions in Mutual Assistance in Criminal Matters (Japan) Regulations.

Mutual Assistance in Criminal Matters (Japan) Regulations

Commonwealth Coat of Arms of Australia

Statutory Rules 1989 No. 1161

–––––––

Mutual Assistance in Criminal Matters (Japan) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Mutual Assistance in Criminal Matters Act 1987.

Dated 14 June 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

–––––––––

Citation

1. These Regulations may be cited as the Mutual Assistance in Criminal Matters (Japan) Regulations.

Interpretation

2. In these Regulations:

“the Act” means the Mutual Assistance in Criminal Matters Act 1987.

Application of the Act

3. (1) The Act applies in relation to Japan subject to the exceptions specified in subregulation (2).

(2) Parts IV and VI of the Act do not apply in relation to Japan.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 21 June 1989.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Mutual Assistance in Criminal Matters (Japan) Regulations

Statutory Rules 1989 No. 1161

–––––––

Mutual Assistance in Criminal Matters (Japan) Regulations

Dated 14 June 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

–––––––––

Citation

1. These Regulations may be cited as the Mutual Assistance in Criminal Matters (Japan) Regulations.

Interpretation

2. In these Regulations:

“the Act” means the Mutual Assistance in Criminal Matters Act 1987.

Application of the Act

3. (1) The Act applies in relation to Japan subject to the exceptions specified in subregulation (2).

(2) Parts IV and VI of the Act do not apply in relation to Japan.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 21 June 1989.