Extradition (Bribery of Foreign Public Officials) Amendment Regulations 2001 (No. 1) 2001 No. 196
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 196
Issued by the Authority of the Minister of Justice and Customs
Extradition Act 1988
Extradition (Bribery of Foreign Public Officials) Amendment Regulations 2001 (No. 1)
Section 55 of the Extradition Act 1988 ('the Act') provides that the Governor-General may make regulations prescribing all matters that are required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act. An 'extradition country' is defined in section 5 of the Act as including a country, colony, territory or protectorate that is declared by the regulations to be an extradition country. Paragraph 11(1A) of the Act provides that regulations may apply the Act to a specified extradition country subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to a multilateral extradition treaty in relation to the country.
The Regulations insert the names of a number of countries in Schedule 2 to the Extradition (Bribery of Foreign Public Officials) Regulations 1999 (Statutory Rules 1999, No. 284) ('the existing Regulations'). These countries are: Argentina; Brazil; Czech Republic; Denmark; France; Italy; Netherlands; Poland; Portugal; Spain; Switzerland; and Turkey. Each of these countries has recently become a party to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
The existing Regulations give effect in Australian domestic law to the extradition provisions of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, opened for signature at Paris on 17 December 1997 ('the Convention'). The Convention requires each party to make it an offence to offer, promise or give away any undue pecuniary or other advantage to a foreign public official in order that the official act, or refrain from acting, in the performance of official duties, in order to obtain or retain business or other improper advantage in the conduct of international business. Each party is required to establish its jurisdiction over such conduct when the offence is committed wholly or partly within its territory and also, if the party has the requisite jurisdiction, when the offence is committed by a national of the party outside its territory. Article 10 provides for extradition between parties of persons accused of bribery of a foreign public official.
Schedule 2 to the existing Regulations specifies the Parties to the Convention to which the Extradition Act 1988 applies, as provided by regulations 4 and 5. This gives effect to Australia's obligation under Article 10 of the Convention to ensure that extradition for bribery of a foreign public official is possible between Australia and other parties to the Convention.
Details of the Regulations are as follows:
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Extradition (Bribery of Foreign Public Officials) Regulations 1999 ('the existing Regulations').
Schedule 1 amends Schedule 2 to the existing Regulations by inserting the names of Argentina; Brazil; Czech Republic; Denmark; France; Italy; Netherlands; Poland; Portugal; Spain; Switzerland; and Turkey in the list of parties.
Overview
The Extradition (Bribery of Foreign Public Officials) Amendment Regulations 2001 (No. 1) were enacted to address the need for Australia to align its extradition laws with international obligations under the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. These regulations, issued under the authority of the Minister of Justice and Customs, amend the Extradition (Bribery of Foreign Public Officials) Regulations 1999 to incorporate countries that have recently ratified the Convention. By adding Argentina, Brazil, Czech Republic, Denmark, France, Italy, Netherlands, Poland, Portugal, Spain, Switzerland, and Turkey to the list of extradition countries, Australia seeks to facilitate the extradition of individuals accused of bribery of foreign public officials, thereby reinforcing its commitment to the global fight against corruption. The policy objective of these regulations is to ensure that Australia's extradition laws are consistent with international standards and effectively support the enforcement of anti-bribery laws across member countries.
Scope and Application
The Extradition (Bribery of Foreign Public Officials) Amendment Regulations 2001 (No. 1) amends the Extradition (Bribery of Foreign Public Officials) Regulations 1999 by expanding the list of countries with which Australia has extradition arrangements concerning the bribery of foreign public officials. These regulations apply to the conduct of individuals and entities engaged in international business transactions who may be subject to extradition for offences related to the bribery of foreign public officials. The amendment extends the application of the Extradition Act 1988 to include Argentina, Brazil, Czech Republic, Denmark, France, Italy, Netherlands, Poland, Portugal, Spain, Switzerland, and Turkey, recognising these countries as parties to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. This ensures that Australia can seek extradition of individuals who commit such offences within or outside Australia’s territory. The regulations do not introduce new substantive offences but rather align Australia's extradition practices with international obligations under the Convention.
Key Provisions
The Extradition (Bribery of Foreign Public Officials) Amendment Regulations 2001 (No. 1) primarily function to update the list of countries in Schedule 2 of the Extradition (Bribery of Foreign Public Officials) Regulations 1999. This update is necessary to reflect the recent accession of several countries to the Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions (section 3). The inclusion of these countries—Argentina, Brazil, Czech Republic, Denmark, France, Italy, Netherlands, Poland, Portugal, Spain, Switzerland, and Turkey—ensures that the existing Regulations (section 1) are aligned with Australia's obligations under the Convention. This alignment facilitates the extradition process for bribery of foreign public officials among these newly added countries and Australia, as required by Article 10 of the Convention.
The Regulations impose specific obligations on the relevant parties, primarily ensuring that the updated list of extradition countries in Schedule 2 reflects those states that have acceded to the Convention. By incorporating these countries into Schedule 2, the Regulations mandate that the Extradition Act 1988 applies to these jurisdictions, enabling Australia to request the extradition of individuals accused of bribery offences from these countries and vice versa. This requirement is particularly critical for upholding the integrity of international business practices and for adhering to Australia's commitments under the Convention.
The Extradition (Bribery of Foreign Public Officials) Amendment Regulations 2001 (No. 1) do not introduce new offences or penalties but rather ensure that the existing legal framework is comprehensive and up-to-date. However, it is important to note that under the Extradition Act 1988, failure to comply with the provisions of the Convention, such as not facilitating the extradition of individuals accused of bribery offences, could result in legal consequences for the involved parties. The Act provides for civil and criminal penalties for non-compliance, although specific details regarding these penalties are not outlined within the Explanatory Statement for these Regulations.