EXPLANATORY STATEMENT
Statutory Rules 1983 No. 166
Issued by the authority of the Attorney-General
EXTRADITION (BRAZIL) REGULATIONS (AMENDMENT)
These regulations are made pursuant to sections 10 and 31 of the Extradition (Foreign States) Act 1966.
The regulations give effect to Australia’s obligations under Article 36(2)(b) of the Single Convention on Narcotic Drugs 1961, as amended by the 1972 Protocol amending the Single Convention. That Article deems the offence relating to narcotics referred to in the Convention to be included in any extradition treaty in force between States Parties to the Convention. Australia and the Federative Republic of Brazil are both Parties to the Convention as amended.
The Extradition (Foreign States) Act 1966 already applies to Brazil subject to the Extradition (Brazil) Regulations. Those regulations were made pursuant to subsection 10(4) of the Act and apply the Act to Brazil on the basis of reciprocity.
Although under the present arrangements narcotics offences are extraditable these regulations are being made so that obligations under the Single Convention on Narcotic Drugs are seen to be implemented in respect of all States Parties to the Convention.