Commonwealth Numbered Regulations Commonwealth Numbered Regulations(paragraph 4 (b))
7 December 2005
Note from Malaysia
I have the honour to refer to the Treaty on Mutual Assistance in Criminal Matters signed today between the Government of Malaysia and the Government of Australia ("the Treaty"), and agree that the Treaty be interpreted and applied in accordance with the provisions set forth in this Note.
Article 1(1) of the Treaty states that "The Parties shall, in accordance with this Treaty and in conformity with their respective laws, grant to each other the widest measure of mutual assistance in connection with investigations, prosecutions and proceedings related to criminal matters over which the Requesting Party has jurisdiction at the time the assistance is requested." The Parties agree that the phrase "in conformity with their respective laws" shall include the limitations on assistance set forth in section 8 of Australia's Mutual Assistance in Criminal Matters Act 1987 , including sections 8(1A) and 8(1B), so long as this law is in effect.
I have the further honour to propose that this Note and Your Excellency's Note in reply confirming on behalf of the Government of Australia the foregoing arrangements shall be regarded as constituting an agreement between the two Governments, which shall enter into force simultaneously with the Treaty.
Accept, Excellency, the renewed assurances of my highest consideration.
Note from Australia
I have the honour to acknowledge receipt of Your Excellency's Note of today's date, which reads as follows:
"I have the honour to refer to the Treaty on Mutual Assistance in Criminal Matters signed today between the Government of Malaysia and the Government of Australia ("the Treaty"), and agree that the Treaty be interpreted and applied in accordance with the provisions set forth in this Note.
Article 1(1) of the Treaty states that "The Parties shall, in accordance with this Treaty and in conformity with their respective laws, grant to each other the widest measure of mutual assistance in connection with investigations, prosecutions and proceedings related to criminal matters over which the Requesting Party has jurisdiction at the time the assistance is requested." The Parties agree that the phrase "in conformity with their respective laws" shall include the limitations on assistance set forth in section 8 of Australia's Mutual Assistance in Criminal Matters Act 1987 , including sections 8(1A) and 8(1B), so long as this law is in effect.
I have the further honour to propose that this Note and Your Excellency's Note in reply confirming on behalf of the Government of Australia the foregoing arrangements shall be regarded as constituting an agreement between the two Governments, which shall enter into force simultaneously with the Treaty."
I have the honour to confirm on behalf of the Government of Australia that the above proposal is acceptable to the Government of Australia, and that Your Excellency's Note and this Note in reply shall constitute an agreement between the two Governments, which shall enter into force simultaneously with the Treaty on Mutual Assistance in Criminal Matters.
Accept, Excellency, the renewed assurances of my highest consideration.