Statutory Rules No. 126, 1988
made under the
Mutual Assistance in Criminal Matters Act 1987
Compilation No. 9
Compilation date: 1 September 2021
Includes amendments up to: F2021L01204
Registered: 12 October 2021
About this compilation
This compilation
This is a compilation of the Mutual Assistance in Criminal Matters Regulations 1988 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
2 Interpretation
2A Application of Criminal Code
3 Power of Magistrate or eligible Judge to send for witnesses and documents
4 Duty of person to continue in attendance
5 Arrest of person failing to attend
6 Fees for person attending
7 Power to examine on oath or affirmation
8 Offences by persons
9 Offences in relation to Magistrates or eligible Judges
10 Protection in relation to functions under the Act
11 Forfeiture of recognizance
12 Application of amendments made by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018
Schedule
Form 1--Summons
Form 2--Warrant of Apprehension
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Number and year | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
126, 1988 | 24 June 1988 | 1 Aug 1988 |
|
3, 1997 | 12 Feb 1997 | 1 Mar 1997 (r 1) | -- |
269, 2001 | 5 Oct 2001 | 5 Oct 2001 (r 2) | -- |
258, 2002 | 6 Nov 2002 | 1 Jan 2003 (r 2) | -- |
374, 2004 | 23 Dec 2004 | 23 Dec 2004 (r 2) | -- |
210, 2012 | 3 Sept 2012 (F2012L01825) | Sch 2: 20 Sept 2012 (s 2) | -- |
51, 2013 | 11 Apr 2013 (F2013L00649) | Sch 1 (items 72-103): 12 Apr 2013 (s 2(1) item 2) | -- |
Name | Registration | Commencement | Application, saving and transitional provisions |
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018 | 8 Oct 2018 (F2018L01408) | Sch 1 (items 6-12): 22 Nov 2018 (s 2(1) item 3) | -- |
30 Aug 2021 (F2021L01204) | Sch 2 (items 91-101): 1 Sept 2021 (s 2(1) item 1) | -- |
Provision affected | How affected |
r. 1..................... | rs. 2001 No. 269 |
r. 2A.................... | ad. 2001 No. 269 |
r 3..................... | am No 3, 1997; No 51, 2013; F2018L01408; F2021L01204 |
r. 4..................... | am. 1997 No. 3; No. 51, 2013; F2021L01204 |
r 5..................... | am No 51, 2013; F2018L01408; F2021L01204 |
r. 6..................... | am. 1997 No. 3; No. 51, 2013; F2021L01204 |
r. 7..................... | am. No. 51, 2013; F2021L01204 |
r. 8..................... | am. 1997 No. 3; 2001 No. 269; No. 51, 2013; F2021L01204 |
r. 9..................... | am. 1997 No. 3; 2001 No. 269; No. 51, 2013; F2021L01204 |
r. 10.................... | am. 1997 No. 3; No. 51, 2013; F2021L01204 |
r. 11.................... | am. No. 51, 2013; F2021L01204 |
r 12.................... | rep No 210, 2012 |
| ad F2018L01408 |
r. 13.................... | rep. 1997 No. 3 |
r. 14.................... | rep. 1997 No. 3 |
r. 15.................... | rep. 2012 No. 210 |
r. 16.................... | rep. 2012 No. 210 |
r. 17.................... | rep. 2012 No. 210 |
r. 18.................... | rep. 1997 No. 3 |
| ad. 2002 No. 258 |
| rep. 2012 No. 210 |
Schedule |
|
Schedule................. | am. 1997 No. 3 |
Form 1.................. | No 126, 1988 |
| am No 3, 1997; No 210, 2012; No 51, 2013 |
| rs F2018L01408 |
| am F2021L01204 |
Form 2.................. | No 126, 1988 |
| am No 3, 1997; No 210, 2012; No 51, 2013 |
| rs F2018L01408 |
| am F2021L01204 |
Form 3.................. | 1988 No. 126 |
| am. 1997 No. 3; 2004 No. 374 |
| rep. 2012 No. 210 |
Form 4.................. | 1988 No. 126 |
| rep. 1997 No. 3 |
Form 5.................. | 1988 No. 126 |
| rep. 1997 No. 3 |
Form 6.................. | 1988 No. 126 |
| rep. 1997 No. 3 |
Form 7.................. | 1988 No. 126 |
| am. 1997 No. 3 |
| rep. 2012 No. 210 |
Form 8.................. | 1988 No. 126 |
| am. 1997 No. 3 |
| rep. 2012 No. 210 |
Form 9.................. | 1988 No. 126 |
| am. 1997 No. 3 |
| rep. 2012 No. 210 |
Form 10................. | 1988 No. 126 |
| rep. 2012 No. 210 |
Form 11................. | 1988 No. 126 |
| rep. 2012 No. 210 |