Extradition (Ships and Fixed Platforms) Regulations (Cth)

Statutory Rules 1993 No. 861

Extradition (Ships and Fixed Platforms) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Extradition Act 1988.

Dated 10 May 1993.

Governor-General

By His Excellency’s Command,

M. LAVARCH

Attorney-General

 

Citation

1. These Regulations may be cited as the Extradition (Ships and Fixed Platforms) Regulations.

 

Commencement

2. (1) Regulations 4 and 6 and Schedule 1 commence on the date of commencement of Part 2 of the Crimes (Ships and Fixed Platforms) Act 1992.

(2) Regulations 5 and 7 and Schedule 2 commence on the date of commencement of Part 3 of the Crimes (Ships and Fixed Platforms) Act 1992.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

3. In these Regulations, unless the contrary intention appears:

“Act” means the Extradition Act 1988;

“Convention” has the same meaning as in the Crimes (Ships and Fixed Platforms) Act 1992;

“Protocol” has the same meaning as in the Crimes (Ships and Fixed Platforms) Act 1992;

“relevant country” means a country specified in Schedule 1 or 2 to which, because of a specified law, the Act applies subject to:

(a) a treaty; or

(b) limitations, conditions, exceptions or qualifications;

“specified law” means:

(a) regulations made under paragraph 11 (1) (a) or (b) of the Act; or

(b) subsection 11 (3) of the Act;

[NOTE: Regulations made under paragraph 11 (1) (a) of the Act apply the Act to countries with which Australia has a bilateral extradition treaty. Regulations made under paragraph 11 (1) (b) of the Act apply the Act to countries with which the country’s extradition arrangements with Australia do not depend on a treaty. Subsection 11 (3) of the Act provides for the limitations, conditions, exceptions and qualifications subject to which the Act applies to certain countries with which Great Britain had extradition treaties which now apply to Australia.]

Convention—extradition countries

4. Each of the countries specified in Schedule 1 is declared to be an extradition country.

Protocol—extradition countries

5. Each of the countries specified in Schedule 2 is declared to be an extradition country.

Application of the Act—Convention

6. (1) The Act applies to a country specified in Schedule 1 subject to the limitations, conditions, exceptions or qualifications set out in Articles 7, 10 and 11 of the Convention.

(2) For the purpose of giving effect to the Convention in relation to a relevant country specified in Schedule 1, the Act applies to that country subject to:

(a) any extradition treaty; or

(b) any limitations, conditions, exceptions or qualifications;

subject to which, because of a relevant specified law or relevant specified laws (as the case requires), the Act applies to that country.

(3) Subregulation (2) does not affect the operation of subregulation (1).

[NOTE: Schedule 1 lists the countries, other than Australia, that have ratified the Convention. Articles 7, 10 and 11 of the Convention impose obligations on Australia to extradite to other State Parties for offences listed in Article 3 of the Convention. An effect of Article 11 of the Convention is that Australian law governs the handling of extradition requests made to Australia under the Convention.]

Application of the Act—Protocol

7. (1) The Act applies to a country specified in Schedule 2 subject to the limitations, conditions, exceptions or qualifications set out in Article 1 of the Protocol.

(2) For the purpose of giving effect to the Protocol in relation to a relevant country specified in Schedule 2, the Act applies to that country subject to:

(a) any extradition treaty; or

(b) any limitations, conditions, exceptions or qualifications;

subject to which, because of a relevant specified law or relevant specified laws (as the case requires), the Act applies to that country.

(3) Subregulation (2) does not affect the operation of subregulation (1).

[NOTE: Schedule 2 lists the countries, other than Australia, that have ratified the Protocol. Article 1 of the Protocol imposes obligations on Australia to extradite to other State Parties for offences listed in Article 2 of the Protocol. An effect of Article 1 of the Protocol is that Australian law governs the handling of extradition requests made to Australia under the Protocol.]

 

SCHEDULE 1 Regulation 4

CONVENTION STATES

Austria

China

France

Gambia

Germany

Hungary

Italy

Netherlands

Norway

Oman

Poland

Seychelles

Spain

Sweden

Trinidad and Tobago

United Kingdom

 

SCHEDULE 2 Regulation 5

PROTOCOL STATES

Austria

China

France

Germany

Hungary

Italy

Netherlands

Norway

Oman

Poland

Seychelles

Spain

Sweden

Trinidad and Tobago

United Kingdom

 

NOTE

1. Notified in the Commonwealth of Australia Gazette