Extradition (Commonwealth countries) Regulations 2010
Select Legislative Instrument No. 154, 2010
made under the
Extradition Act 1988
Compilation No. 3
Compilation date: 10 December 2024
Includes amendments: F2024L01614
About this compilation
This compilation
This is a compilation of the Extradition (Commonwealth countries) Regulations 2010 that shows the text of the law as amended and in force on 10 December 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
4 Definitions
5 Extradition countries
7 Modification of Act—definition of extradition offence
8 Modification of Act—additional documents that must be produced for eligibility for surrender
9 Modification of Act—when eligible person must not be surrendered
10 Transitional
11 Transitional—Extradition Legislation Amendment (Commonwealth Countries) Regulations 2024
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Regulations
These Regulations are the Extradition (Commonwealth countries) Regulations 2010.
4 Definitions
In these Regulations:
Act means the Extradition Act 1988.
Commonwealth country means a country, colony, territory or protectorate declared to be an extradition country under regulation 5.
5 Extradition countries
(1) For the purposes of the definition of extradition country in section 5 of the Act, each of the following is an extradition country:
(a) a country that:
(i) is a member of the Commonwealth of Nations; and
(ii) is not specified by name in any other regulations that declare it to be an extradition country for the purposes of that definition;
(b) a country, colony, territory or protectorate specified in subregulation (2).
Note: Information identifying members of the Commonwealth of Nations could, in 2024, be viewed on the Commonwealth of Nations website (https://www.thecommonwealth.org).
(2)
Overview
The Extradition (Commonwealth countries) Regulations 2010 were made under the Extradition Act 1988 and aim to streamline the extradition process between Australia and Commonwealth countries by specifying the requisite documentation and conditions under which extradition can occur. Enacted by the Parliament of Australia, these regulations address the need to clarify and update extradition procedures to ensure they meet current legal standards and international obligations. The policy objective is to facilitate the surrender of fugitives in an efficient, transparent, and legally sound manner, ensuring that extradition is conducted fairly and in accordance with the laws of both Australia and the requesting Commonwealth country. The regulations modify the Extradition Act to extend the period for certain offences, require additional documentation for eligibility, and establish conditions under which extradition may be withheld.
Scope and Application
The Extradition (Commonwealth countries) Regulations 2010 apply to the extradition of individuals between Australia and certain Commonwealth countries. These regulations were made under the Extradition Act 1988 and define the scope of application by specifying which countries are considered extradition countries. This includes all members of the Commonwealth of Nations, excluding those explicitly named in other regulations, as well as a list of specific territories and protectorates. The regulations modify the Extradition Act to extend the period for which an offence is considered an extradition offence from 12 months to 2 years. Additionally, they impose conditions on the eligibility for surrender, such as requiring the production of specific documents, including a statement of identity, nationality, and physical description of the person, and a recital of evidence supporting the extradition request. The regulations also establish conditions under which an eligible person may not be surrendered, such as if it would be deemed unjust or oppressive. Transitional provisions allow for the continued application of the Extradition (Commonwealth Countries) Regulations 1998 to certain requests made before the commencement of these regulations.
Key Provisions
- The Extradition (Commonwealth countries) Regulations 2010 set out specific provisions governing the extradition of individuals from Australia to Commonwealth countries, as defined under regulation 5. These Regulations modify the Extradition Act 1988 by specifying which countries are considered extradition countries and by altering certain definitions and requirements related to extradition proceedings. Specifically, regulation 5 lists countries that are considered extradition countries, including those that are members of the Commonwealth of Nations and certain territories and protectorates. Regulation 7 modifies the definition of an "extradition offence" to extend the period from 12 months to 2 years. Regulation 8 outlines additional documents that must be produced for a person to be eligible for surrender, such as a statement of the person’s identity and a recital of evidence supporting the extradition request. Regulation 9 establishes conditions under which an eligible person must not be surrendered, such as when the Attorney-General deems it unjust, oppressive, or excessively severe.
- These Regulations impose several obligations on parties involved in extradition proceedings. For instance, they require the production of specific documents to a magistrate or eligible judge to establish eligibility for surrender, as outlined in regulation 8. Additionally, the Attorney-General must assess whether surrendering an eligible person would be unjust, oppressive, or excessively severe, as stipulated in regulation 9. Failure to meet these obligations could result in the extradition request being denied.
- Breach of the provisions outlined in these Regulations could lead to various civil or criminal consequences, although the specific penalties are not detailed within the Regulations themselves. Generally, failure to comply with extradition requests or producing the required documentation could result in legal repercussions under the Extradition Act 1988, which may include fines or imprisonment. However, the exact penalties would depend on the specific breach and the relevant provisions of the Act.
- Area of Law
- Criminal Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Transitional Provisions
