Extradition (Commonwealth Countries) Regulations 1998
Statutory Rules 1988 No. 281 as amended
made under the
Extradition Act 1988
This compilation was prepared on 9 August 2008
taking into account amendments up to SLI 2008 No. 164
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Interpretation
3 Declaration as to extradition countries
4 Declaration in relation to definition of political offence
5 Modification of Act in relation to definition of extradition offence
6 Modification of s 19, Act — production of documents
7 Modification of Act in relation to surrender determination
Schedule 1 Extradition countries
Part 1
Part 2
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Commonwealth Countries) Regulations 1998.
2 Interpretation
In these regulations, unless the contrary intention appears:
Commonwealth country means a country, colony, territory or protectorate declared to be an extradition country under regulation 3.
the Act means the Extradition Act 1988.
3 Declaration as to extradition countries
Each of the countries, colonies, territories and protectorates specified in Schedule 1 is declared to be an extradition country.
4 Declaration in relation to definition of political offence
In relation to a Commonwealth country, an offence constituted by taking or endangering, attempting to take or endanger or participating in the taking or endangering of, the life of a person, being an offence committed in circumstances in which such conduct creates a collective danger, whether direct or indirect, to the lives of other persons, is declared for the purposes of paragraph (d) of the definition of political offence in section 5 of the Act not to be a political offence in relation to that Commonwealth country.
5 Modification of Act in relation to definition of extradition offence
The Act applies in relation to each Commonwealth country subject to the limitation, condition, exception or qualification that a reference to 12 months in paragraph (a) or (b) of the definition of extradition offence in section 5 of the Act shall be read as a reference to 2 years.
6 Modification of s 19, Act — production of documents
(1) The Act applies in relation to each Commonwealth country specified in Part 1 of Schedule 1 subject to the limitation, condition, exception or qualification that, in addition to the supporting documents within the meaning of paragraph 19 (2) (a) of the Act, the following documents are required to be produced to a magistrate for the purposes of subsection 19 (1) of the Act:
(a) a statement of the identity, nationality and description of the person and, to the extent that is possible, of the whereabouts of the person;
(b) if the offence is an extradition offence of which the person is accused — documents that allow the prima facie evidence test to be satisfied.
(2) For subregulation (1), a reference to the prima facie evidence test being satisfied is a reference to that test being satisfied as referred to in…
Overview
The Extradition (Commonwealth Countries) Regulations 1998 were enacted under the Extradition Act 1988 with the aim of establishing a framework for the extradition of individuals between Australia and other Commonwealth countries. These regulations were designed to address the need for a formalised process for the extradition of individuals accused or convicted of crimes, ensuring that such processes comply with the legal standards and requirements of both Australia and the requesting Commonwealth countries. The policy objective of these regulations is to facilitate the efficient and lawful extradition process while protecting the rights of individuals involved. The enacting body responsible for these regulations is the Parliament of Australia, which authorised their creation to support the broader aims of the Extradition Act 1988.
Scope and Application
The Extradition (Commonwealth Countries) Regulations 1998, established under the Extradition Act 1988, outline the framework for extradition between Australia and specified Commonwealth countries. These regulations apply to individuals, entities, and transactions involving extradition processes between Australia and the countries listed in Schedule 1, which includes a variety of Commonwealth territories and protectorates. The scope of these regulations extends across the Commonwealth, thereby affecting any Australian citizen or resident involved in extradition proceedings with these specified jurisdictions. The regulations modify certain provisions of the Extradition Act 1988, including the definition of extradition offences, the documentation required for extradition requests, and the conditions under which a person may be surrendered. Additionally, the regulations provide specific exclusions and qualifications, such as the increased period for defining an extradition offence from 12 months to 2 years and the conditions under which a person may not be surrendered. These modifications are detailed in the regulations and are subject to further alterations through subordinate instruments.
Key Provisions
- The Extradition (Commonwealth Countries) Regulations 1998 (Regulations) specify the countries, colonies, territories and protectorates that are recognised as extradition countries under the Extradition Act 1988 (Act) (reg 3). These countries are listed in Schedule 1, which is divided into Part 1 and Part 2, with each listing countries and territories that have specific extradition arrangements under the Act. Regulation 4 declares that certain offences involving the endangerment of lives in a collective manner are not to be considered political offences in relation to these countries. Regulation 5 modifies the Act by extending the time period from 12 months to 2 years for offences to be considered extradition offences. Regulations 6 and 7 further modify the Act, stipulating additional documentation requirements for extradition proceedings and setting conditions under which a person may not be surrendered, such as the trivial nature of the offence or if it would be unjust or oppressive to do so.
- The Regulations impose several obligations on parties involved in extradition proceedings. For example, regulation 6 requires the production of specific documents to a magistrate, including identity details of the person and evidence related to the offence if it is an extradition offence (reg 6(1)). For countries listed in Part 2 of Schedule 1, additional documents such as a recital of evidence and an affidavit from an officer of the investigating authority are required (reg 6(4)). The Attorney-General must also be satisfied that certain conditions, such as the nature of the offence or the manner in which the accusation was made, do not render the surrender of a person unjust or oppressive (reg 7(1)).
- Failure to comply with the provisions of the Regulations can lead to various legal consequences. While the Regulations themselves do not explicitly outline specific offences or penalties for non-compliance, breaches of the Act, which the Regulations modify, can result in both civil and criminal penalties. For instance, providing false information in an extradition request can be considered an offence under the Act, potentially leading to fines or imprisonment. Additionally, any actions that undermine the integrity of the extradition process, such as tampering with evidence or obstructing proceedings, could result in further legal ramifications under both the Act and other applicable laws.
- Area of Law
- International Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Enforcement Powers
- Transitional Provisions