Thailand and Australia Implement Mutual Assistance in Criminal Matters


Thailand and Australia have implemented a treaty for each country to obtain mutual assistance from the other in criminal matters. It will have some impact on migration matters making it easier to obtain adverse information on character matters involving criminal conduct.

The Mutual Assistance in Criminal Matters (Thailand) Regulations 2008 implement a treaty signed between the 2 countries. Here is the basis for the treaty’s effect:


Article 1

Obligation to Grant Mutual Assistance

1. The Contracting States shall, in accordance with the provisions of this Treaty, grant to each other the widest measure of mutual assistance in connection with investigations, prosecutions and other proceedings relating to criminal matters, irrespective of whether the assistance is sought or to be provided by a court or some other authority.

2. Criminal matters shall include, but not be limited to, matters connected with offences against a law relating to taxation, customs and excise duties, foreign exchange control and other revenue matters.

3. Assistance shall include, but not be limited to:

(a) taking of evidence and obtaining of statements of persons;

(b) providing information, documents, records and evidence;

(c) serving documents;

(d) executing requests for searches and seizures;

(e) seeking the consent of persons to be available to give evidence or to assist in investigations in the Requesting State, and where such persons are in custody, arranging for their temporary transfer to that State for testimonial purposes or, where permitted by the law of the Requested State, to assist in investigations;

(f) locating and identifying persons or objects;

(g) measures to locate, restrain and forfeit the instruments or proceeds of crime; and

(h) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.

Barbara Davidson