Commonwealth Numbered Regulations

1997 No. 2 MUTUAL ASSISTANCE IN CRIMINAL MATTERS (UNITED KINGDOM) REGULATIONS - SCHEDULE 1

                         SCHEDULE                    Regulation 3
TREATY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED
KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND CONCERNING THE INVESTIGATION OF
DRUG TRAFFICKING AND CONFISCATION OF THE PROCEEDS OF DRUG TRAFFICKING

The Government of Australia and the Government of the United Kingdom of Great
Britain and Northern Ireland;

Desiring to provide mutual assistance, to the extent possible within their
respective laws, in the investigation of drug trafficking and the confiscation
of the proceeds of drug trafficking;

Have agreed as follows:

Article 1
Scope of Application

1. The Parties shall, in accordance with this Treaty, grant to each other
assistance in investigations and proceedings in respect of drug trafficking,
including the tracing, restraining and confiscation of the proceeds of drug
trafficking.

2. This Treaty shall not derogate from other obligations between the Parties
whether pursuant to other treaties or arrangements or otherwise, nor prevent
the Parties providing assistance to each other pursuant to other treaties or
arrangements.

Article 2
Definitions

For the purposes of this Treaty:

   (a)  proceedings are:

        (i)    instituted when an information has been laid before a justice
               of the peace, when a person is charged with an offence after
               having been taken into custody without a warrant, or when a
               bill of indictment is preferred; and

        (ii)   concluded when no further action may be taken to obtain a
               restraining or confiscation order or to enforce such an order
               in those proceedings;

   (b)  "drug trafficking" means engaging or being concerned in the unlawful
        production, supply, possession for supply, transport, storage, import
        or export of a controlled drug or a narcotic substance, whether in the
        United Kingdom, Australia or elsewhere;

   (c)  "controlled drug" means a drug specified in Schedule 2 to the Misuse
        of Drugs Act 1971 for the United Kingdom or a narcotic substance as
        defined in the Proceeds of Crime Act 1987 for Australia;

   (d)  "drug trafficking offence" means an offence of drug trafficking or
        conspiring or attempting to commit such an offence or inciting,
        aiding, abetting, counselling, procuring or being an accessory after
        the commission of such an offence. An offence of assisting another to
        retain or to dispose of the proceeds of drug trafficking is also a
        drug trafficking offence;

   (e)  "proceeds" means any property that is derived or realised, directly or
        indirectly, by any person from drug trafficking, or the value of any
        such property;

   (f)  property includes money and all kinds of moveable or immoveable and
        tangible or intangible property, and includes any interest in such
        property.

Article 3
Central Authorities

1. The Parties shall each appoint a central authority to transmit and receive
requests for the purpose of this Treaty. Unless the relevant Party designates
another authority, the central authority for Australia shall be the
Attorney-General's Department, Canberra and the central authority for the
United Kingdom shall be the Home Office, London.





2. The central authority of the Requested Party shall take whatever steps it
considers necessary to give effect to requests from the Requesting Party.

Article 4
Contents of Requests

1. Requests for assistance shall include a statement of:

   (a)  the name of the competent authority conducting the investigation or
        proceedings to which the request relates;

   (b)  the matters, including the relevant facts and laws, to which the
        investigation or proceedings relate;

   (c)  the purpose for which the request is made and the nature of the
        assistance sought;

   (d)  details of any particular procedure or requirement that the Requesting
        Party wishes to be followed;

   (e)  the need, if any, for confidentiality and the reasons therefore; and

   (f)  any time limit within which compliance with the request is desired. 2.
        Requests for assistance shall also include:

   (a)  if possible, where the request seeks assistance in relation to an
        investigation, the quantity of drugs involved in the investigation;

   (b)  the identity, nationality and location of the person or persons who
        are the subject of the investigation or proceeding;

   (c)  a statement as to what sworn or affirmed evidence or statements are
        required, if any;

   (d)  a description of any information, statements or evidence sought;

   (e)  a description of any documents, records or articles of 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.

3. If the Requested Party considers that the information contained in the
request is not sufficient to enable the request to be dealt with, that Party
may request that additional information be furnished.

Article 5
Execution of Requests

1. To the extent permitted by its laws, the Requested Party shall provide
assistance in accordance with the requirements specified in the request and
shall respond to the request as soon as practicable after it has been
received.

2. The Requested Party may postpone the delivery of material requested if such
material is required for proceedings in respect of criminal or civil matters
in its territory. The Requested Party shall, upon request, provide certified
copies of documents.

3. The Requested Party shall promptly inform the Requesting Party of any
circumstances which are likely to cause a significant delay in responding to
the request.

4. The Requested Party shall promptly inform the Requesting Party of a
decision of the Requested Party not to comply in whole or in part with a
request for assistance and the reason for that decision.

5. The Requesting Party shall promptly inform the Requested Party of any
circumstances which may affect the request or its execution or which may make
it inappropriate to proceed with giving effect to it.

Article 6
Refusal of Assistance

1. Assistance shall be refused if the request relates to an offence in respect
of which:

   (a)  the person has been finally acquitted or pardoned; or

   (b)  the person has served any sentence imposed and any order made as a
        result of the conviction has been satisfied. 2. Assistance may be
        refused if:

   (a)  the Requested Party is of the opinion that the request, if granted,
        would seriously impair its sovereignty, security, national interest or
        other essential interests; or

   (b)  provision of the assistance sought could prejudice an investigation or
        proceedings in the territory of the Requested Party, prejudice the
        safety of any person or impose an excessive burden on the resources of
        that Party. 3. Before refusing to grant a request for assistance the
        Requested Party shall consider whether assistance may be granted
        subject to such conditions as it deems necessary. If the Requesting
        Party accepts assistance subject to these conditions, it shall comply
        with the conditions.

Article 7
Information and Evidence

1. The Parties may make requests for information and evidence pursuant to this
Treaty for the purpose of an investigation or a proceeding.

2. The Requested Party shall as appropriate and insofar as its laws permit:

   (a)  provide information and documents or copies thereof for the purpose of
        an investigation or a proceeding in the territory of the Requesting
        Party;

   (b)  take the evidence of witnesses and require witnesses to produce
        documents, records or other material, for transmission to the
        Requesting Party;

   (c)  search for and seize and deliver to the Requesting Party any relevant
        material and provide such information as may be required by the
        Requesting Party concerning the place of seizure, the circumstances of
        seizure and the subsequent custody of the material seized prior to
        delivery.

3. Where required by the Requested Party, the Requesting Party shall return
material provided under this Treaty when no longer needed for any
investigation or proceeding.

Article 8
Restraint of Property Liable to Confiscation

1. Where proceedings in the territory of a Party may result in the making of
an order mentioned in paragraph 1 of Article 9, or where such an order has
been made, that Party may request the restraint in the territory of the
Requested Party of property for the purpose of ensuring that it is available
for confiscation.

2. A request made under this Article shall include:

   (a)  a certificate to the effect that proceedings have been instituted on a
        specified date against a specified person and that those proceedings
        have not been concluded or that such proceedings are to be instituted
        within a specified time;

   (b)  a description of the property to be restrained and its connection with
        the person specified under sub-paragraph (a) of this paragraph, and
        insofar as possible its whereabouts; and

   (c)  details of any relevant order made by a court of the Requesting Party.

3. Where the restraint of property has been ordered pursuant to this Treaty
but there is a representation in the territory of the Requested Party by a
person affected by the order, that Party shall inform the Requesting Party as
soon as possible and shall also inform it promptly of the outcome of that
representation.

Article 9
Assistance in Enforcing the Confiscation of Proceeds

1. This Article applies to an order made by a court of the Requesting Party as
a result of a conviction for a drug trafficking offence, for the purpose of
the confiscation of the proceeds of drug trafficking, including:

   (a)  in relation to the United Kingdom, a confiscation order made as a
        result of a conviction for a drug trafficking offence;

   (b)  in relation to Australia, any forfeiture order and any pecuniary
        penalty order made as a result of a conviction for a drug trafficking
        offence.

2. A Party may request the assistance of the other Party in enforcing an order
to which this Article applies.

3. A request made under this Article shall be accompanied by the following
documents:

   (a)  an authenticated copy of the order;

   (b)  an authenticated statement that neither the order nor any conviction
        to which it relates is subject to appeal;

   (c)  a description of the property in relation to which assistance is
        sought and its connection with the convicted person; and

   (d)  where appropriate, a statement of the amount which it is desired to
        realise as a result of the assistance.

4. Proceeds confiscated pursuant to this Treaty shall be retained by the
Requested Party, unless otherwise mutually decided in a particular case.

5. Where the confiscation of proceeds has been ordered pursuant to this Treaty
but there is a representation in the territory of the Requested Party by a
person affected by the order, that Party shall inform the Requesting Party as
soon as possible, and shall also inform it promptly of the outcome of that
representation.

Article 10
Protecting Confidentiality and Restricting Use of Evidence and
Information

1. The Requested Party shall, to any extent requested, keep confidential a
request for assistance, its contents and any supporting documents, and the
fact of granting such assistance. If the request cannot be executed without
breaching confidentiality, the Requested Party shall so inform the Requesting
Party which shall then determine the extent to which it wishes the request to
be executed.

2. The Requesting Party shall, if so requested, keep confidential any evidence
and information provided by the Requested Party, except to the extent that its
disclosure is necessary for the investigation or proceeding described in the
request.

3. The Requesting Party shall not use for purposes other than those stated in
a request evidence or information obtained as a result of it, without the
prior consent of the Requested Party.

Article 11
Certification and Authentication

1. Any documents or other material supporting a request for assistance which
seeks the exercise of compulsory powers or the restraint or confiscation of
property shall, to the extent required by the Requested Party, be
authenticated in accordance with paragraph 3.

2. Any documents or other material supplied in response to a request for
assistance shall, to the extent requested, be authenticated in accordance with
paragraph 3.

3.   document is authenticated for the purposes of this Treaty if:
   (a)  it purports to be signed or certified by a judge, magistrate or other
        officer in or of the State of the Party sending the document; and

   (b)  it purports to be authenticated by the oath or affirmation of a
        witness, or to be sealed with an official seal of the Party sending
        the document or of a minister of state or department or officer of the
        Government of that Party.

Article 12
Costs

The Requested Party shall bear any costs arising in its territory in executing
a request, unless otherwise mutually decided in a particular case.

Article 13
Consultation

The Parties 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.

Article 14
Application to Scotland

This Treaty shall apply in respect of requests from the Government of
Australia to Scotland, but for the purposes of Article 2 (a) proceedings shall
be considered to be instituted in Scotland when a warrant of apprehension to
arrest and commit a suspect person has been granted; or when a person has been
charged with an offence after having been arrested without a warrant; or when
a restraint order has been made under Section 8 of the Criminal Justice
(Scotland) Act 1987.

Article 15
Territorial Application

This treaty shall apply:

   (a)  in respect of requests from the Government of Australia,

        (i)    to England and Wales and Scotland;

        (ii)   upon notification made through the diplomatic channel by the
               United Kingdom to Australia, to Northern Ireland, and the
               Channel Islands and the Isle of Man;

        (iii)  to any territory for the international relations of which the
               United Kingdom is responsible and to which this Treaty shall
               have been extended by agreement between the Parties; and

   (b)  in respect of requests from the United Kingdom, to Australia.

Article 16
Entry into Force and Termination

1. Each of the Parties shall notify the other in writing through the
diplomatic channel that their respective requirements for the entry into force
of the Treaty have been completed. The Treaty shall enter into force 30 days
after the later of these notifications.

2. This Treaty shall apply to a request made pursuant to it whether or not the
drug trafficking to which the request relates occurred prior to the Treaty
entering into force.

3. Either party may terminate this Treaty at any time giving 180 days' written
notice to the other through the diplomatic channel.

In witness whereof the undersigned, being duly authorised thereto by their
respective governments, have signed this Treaty.

DONE in duplicate at Canberra on the 3rd day of August 1988.

For the Government of Australia:     For the Government of the United 
Kingdom of Great Britain and
Northern Ireland:
BOB HAWKE                            MARGARET THATCHER