Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations (Cth)
made under the
Consolidated as in force on 2 July 1999
(includes amendments up to SR 1998 No. 27)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
made under the
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These Regulations may be cited as the Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations.
These Regulations commence on the same day as the
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 .
In these Regulations, unless the contrary intention appears:
relevant country means a specified country to which, because of a specified law, the Act applies subject to:
(a) a treaty; or
(b) limitations, conditions, exceptions or qualifications.
specified country means a country specified in the Schedule.
specified law means:
(a) Regulations made under paragraph 11 (1) (a) or (b) of the Act; or
(b) subsection 11 (3) of the Act;
as in force from time to time.
the Act means theExtradition Act 1988 .
the UN Convention means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, being the Convention referred to in, and a copy of the English text of which is set out in the Schedule to, theCrimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 .
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.
Each specified country is declared to be an extradition country.
(1)The Act applies to each specified country subject to the limitations, conditions, exceptions or qualifications set out in article 6 of the UN Convention.
(2) For the purpose of giving effect to the UN Convention in relation to a relevant country, 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 each relevant specified law (as the case requires), the Act applies to that country.
(3) Subregulation (2) does not affect the operation of subregulation (1).
Note the Schedule lists the countries, other than Australia, that are parties to the UN Convention. Article 6 of that Convention imposes an obligation on Australia to extradite to other State Parties for convention offences (i.e., the offences listed in Article 3 Paragraph 1 of the UN Convention). Paragraph 5 of Article 6 provides, in effect, that Australian law governs the handling of extradition requests made to Australia under the UN Convention.
(Regulation 3)
Afghanistan Algeria Antigua and Barbuda Argentina Armenia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi |
Cameroon Canada Cape Verde Chad Chile China (extended to Hong Kong) Colombia Costa Rica Côte d’Ivoire Croatia Cuba Cyprus Czech Republic Denmark (except the Faroe
Dominica Dominican Republic Ecuador Egypt El Salvador Ethiopia |
Fiji Finland France Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Honduras Hungary Iceland India Iran Ireland Italy Jamaica Japan Jordan Kazakhstan Kenya Kyrgyzstan Latvia Lebanon Lesotho Libya Luxembourg | Macedonia, former Yugoslav Republic of Madagascar Malawi Malaysia Mali Malta Mauritania Mexico Moldova Monaco Morocco Myanmar Nepal Netherlands Nicaragua Niger Nigeria Norway Oman Pakistan Panama Paraguay Peru Philippines Poland Portugal Qatar Romania Russia |
Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Sao Tome and Principe Saudi Arabia Senegal Seychelles Sierra Leone Singapore Slovakia Slovenia Spain Sri Lanka Sudan Suriname Swaziland Sweden Syria Tajikistan Tanzania Togo Tonga | Trinidad and Tobago Tunisia Turkey Turkmenistan Uganda Ukraine United Arab Emirates
United States of America Uruguay Uzbekistan Venezuela Vietnam Yemen Yugoslavia Zambia Zimbabwe |
The Extradition (Traffic in
Narcotic Drugs and Psychotropic Substances) Regulations (in force under the
1992 No. 403 | 16 Dec 1992 | 14 Feb 1993 ( | |
1998 No. 27 | 11 Mar 1998 | 11 Mar 1998 | — |
am. = amended rep. = repealed rs. = repealed and substituted | ||
Note to r. 5.............................. | am. 1998 No. 27 | |
Schedule................................. | rs. 1998 No. 27 | |
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