Extradition (Ireland) Amendment Regulations 2021 (Cth)

Extradition (Ireland) Amendment Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 29 April 2021

David Hurley

Governor‑General

By His Excellency’s Command

Amanda Stoker

Assistant Minister to the Attorney‑General

Parliamentary Secretary to the Attorney‑General

Contents

1Name

This instrument is the Extradition (Ireland) Amendment Regulations 2021.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The later of: (a) the day after this instrument is registered; and (b) the day the amendments of the Treaty on Extradition between Australia and Ireland, agreed to by Australia and Ireland, done by an exchange of letters on 2 April 2019, come into force. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The Minister must announce, by notifiable instrument, the day the amendments come into force for Australia.	30 March 2022 (F2022N00066) (paragraph (b) applies)

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Extradition Act 1988.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Extradition (Ireland) Regulations

1

Regulation 5

Repeal the regulation, substitute:

5Application of Act

For the purposes of paragraph 11(1)(a) of the Act, the Act applies to Ireland subject to:

1. (a)

   the Treaty on Extradition between Australia and Ireland done at Dublin on 2 September 1985, a copy of which is set out in Schedule 1; and

2. (b)

   an exchange of letters, amending the treaty, between the Irish Tánaiste and Minister for Foreign Affairs and Trade and the Australian Ambassador to Ireland on 2 April 2019, a copy of which is set out in Schedule 2.

2

Schedule (heading)

Repeal the heading, substitute:

Schedule 1—Treaty on Extradition between Australia and Ireland done at Dublin on 2 September 1985

Note: See paragraph 5(a).

3

At the end of the instrument

Add:

Schedule 2—Exchange of letters between the Irish Tánaiste and Minister for Foreign Affairs and Trade and the Australian Ambassador to Ireland

Note: See paragraph 5(b).

Oifig an Tánaiste

Aire Gnóthai Eachtracha agus Trádála

Office of the Tánaiste

Minister for Foreign Affairs and Trade

2 April 2019

H.E. Richard Seymour Andrews

Ambassador to Ireland

Australian Embassy Ireland

Level 2

47, 49 St Stephen’s Green

Dublin 2

Ireland

D02 W634

Dear Ambassador,

I have the honour to refer to your Excellency’s Letter of 2 April 2019 which reads as follows:

“I have the honour to refer to the Treaty on Extradition between Australia and Ireland,done at Dublin on 2 September 1985.

In September 2013 it was proposed to amend the said Treaty as follows:

1. 1.

   By deleting Article III, paragraph 2(a); and

2. 2.

   By inserting a new paragraph 5 in Article II of the Treaty concerning revenue offences, to provide as follows:

‘5. (a) For the purposes of this Treaty a revenue offence is an extraditable offence.

(b) A ‘revenue offence’ means an offence in connection with taxes, duties, customs or exchange control.

(c) Extradition shall not be refused on the ground that the rules or laws relating to taxes, duties, customs or exchange control that apply in the requesting State differ in nature from the rules or laws that apply to taxes, duties, customs or exchange control in the requested State.’

I have the honour to advise that the foregoing proposal is acceptable to the Government of Australia.

I further propose that this letter and your response confirming Ireland’s agreement to the foregoing proposal shall constitute an agreement between our two Governments, which shall enter into force upon an exchange of notes through diplomatic channels confirming that each side has completed its necessary domestic requirements.”

I have the honour to confirm the agreement of the Government of Ireland to the proposal set out in your Excellency’s Letter.

Yours sincerely

Simon Coveney, T.D.,

Tánaiste and Minister for Foreign Affairs and Trade

THE AMBASSADORAUSTRALIAN EMBASSY DUBLIN

2 April 2019

Mr Simon Coveney TD

Tánaiste and Minister for Foreign Affairs and Trade

Iveagh House

80 St Stephen’s Green

Dublin 2

Ireland

D02 VY53

Dear Minister,

I have the honour to refer to the Treaty on Extradition between Australia and Ireland,done at Dublin on 2 September 1985.

In September 2013 it was proposed to amend the said Treaty as follows:

1. 1.

   By deleting Article III, paragraph 2(a); and

2. 2.

   By inserting a new paragraph 5 in Article II of the Treaty concerning revenue offences, to provide as follows:

‘5. (a) For the purposes of this Treaty a revenue offence is

an extraditable offence.

(b) A ‘revenue offence’ means an offence in connection with taxes, duties, customs or exchange control.

(c) Extradition shall not be refused on the ground that the rules or laws relating to taxes, duties, customs or exchange control that apply in the requesting State differ in nature from the rules or laws that apply to taxes, duties, customs or exchange control in the requested State.’

I have the honour to advise that the foregoing proposal is acceptable to the Government of Australia.

I further propose that this letter and your response confirming Ireland’s agreement to the foregoing proposal shall constitute an agreement between our two Governments, which shall enter into force upon an exchange of notes through diplomatic channels confirming that each side has completed its necessary domestic requirements.

Yours sincerely

Richard Seymour Andrews

Ambassador to Ireland