Commonwealth Numbered Regulations

1997 No. 3 MUTUAL ASSISTANCE IN CRIMINAL MATTERS REGULATIONS (AMENDMENT) - REG 12

12.1 Form 1: Omit:

"To: (name and address of witness)."; substitute:

"To: (name and address).".

12.2 Form 2: Paragraph (a): Omit:

"(name and address of witness)"; substitute:

"(name and address of person)".

12.3 Form 2: Paragraph (a):
Omit "as a witness".

12.4 Form 2: Paragraph (b):
Omit "the witness" substitute "(name of person)".

12.5 Form 2: Paragraph (c):
Omit "the witness" (twice occurring), substitute "(name of person)".

12.6 Form 2: Omit the words after paragraph (c), substitute:

"NOW THEREFORE I, pursuant to regulation 5 of the Mutual Assistance in
Criminal Matters Regulations, authorise and request you to find (name of
person) in any State or Territory of the Commonwealth and to bring him or her
before me to * give evidence/* answer questions/* and/* produce/* documents/*
and/* other/* articles/ as required by the summons, and to detain him or her
in custody for that purpose.

(Date) (Signature) (Description)

* Omit if inapplicable".

12.7 Form 3: Paragraph (b): Omit "a thing", substitute "evidential material".

12.8 Form 3: Paragraph (c): Omit "under section 15 of of the
Mutual Assistance in Criminal Matters  Act 1987 ".

12.9 Form 3:
After "hereby authorise you" insert "and any police officer acting on your
behalf in this *proceeding/*investigation".

12.10 Form 3: Third footnote: Omit "thing", substitute "evidential material".

12.11 Forms 4, 5 and 6: Omit the forms.

12.12 Form 7: Paragraph (c):
Omit "under the Proceeds of Crime Act 1987".

12.13 Form 7: Omit:

"for the search warrant requested by  ."; substitute:

"for a search warrant under the Proceeds of Crime Act 1987 in relation to that
tainted property.".

12.14 Form 8: Paragraph (c): Omit the paragraph, substitute:
  "(c)      has requested me to obtain the issue of *an order 
requiring that the document be produced or made available for inspection in
accordance with Australian law/ *a search warrant in respect of the offence;".

12.15 Form 8; Omit:

"for the order so requested by  ."; substitute:

"*for a production order under the Proceeds of Crime Act 1987 in respect of
the offence for the purpose of obtaining possession of the property-tracking
document/*a search warrant under the Proceeds of  Crime Act 1987 in relation
to the property-tracking document.".

12.16 Form 9: Paragraph (a): Omit:

"*a serious narcotics offence, being à;"; substitute:

"*a serious narcotics offence, being à;

*a foreign organised fraud offence, being à;".

12.17 Form 9: Paragraph (a): After:

"*a money laundering offence in respect of proceeds of a serious narcotics
offence"; insert:

"or a foreign organised fraud offence".

12.18 Form 9: Paragraph (c): Omit the paragraph, substitute:
  "(c)      has requested me to obtain the issue of an order directing 
the financial institution to give information about transactions conducted
through the account;".

12.19 Form 9:
Omit "for the order requested by  ." substitute "for a monitoring order under
the Proceeds of Crime Act 1987 in respect of the offence for the purposes of
obtaining the information requested by  .".