Extradition (Cook Islands) Regulations 2010
Select Legislative Instrument 2010 No. 155 as amended
made under the
Extradition Act 1988
This compilation was prepared on 20 September 2012
taking into account amendments up to SLI 2010 No. 210
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definition
4 Extradition country
6 Modification of Act — application to Cook Islands
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Cook Islands) Regulations 2010.
2 Commencement [see Note 1]
These Regulations commence on the day after they are registered.
3 Definition
In these Regulations:
Act means the Extradition Act 1988.
4 Extradition country
For the definition of extradition country in section 5 of the Act, Cook Islands is declared to be an extradition country.
6 Modification of Act — application to Cook Islands
For section 11 of the Act, the Act applies in relation to the Cook Islands as if a reference to 45 days in paragraph 17 (2) (a) of the Act were a reference to 60 days.
Notes to the Extradition (Cook Islands) Regulations 2010
Note 1
The Extradition (Cook Islands) Regulations 2010 (in force under the Extradition Act 1988) as shown in this compilation comprise Select Legislative Instrument 2010 No. 155 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2010 No. 155 | 1 July 2010 (see F2010L01750) | 2 July 2010 | |
2012 No. 210 | 3 Sept 2012 (see F2012L01825) | Schedule 5: 20 Sept 2012 (see s. 2) | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 5.................. | rep. 2012 No. 210 |
Overview
The Extradition (Cook Islands) Regulations 2010 were enacted to provide a framework for the extradition of fugitive offenders between Australia and the Cook Islands under the Extradition Act 1988. These regulations were introduced to address the need for a formalised legal mechanism to facilitate the extradition process between the two countries, ensuring that fugitives who have committed serious crimes in one jurisdiction can be brought to justice in the other. The Extradition (Cook Islands) Regulations 2010 were made by the Australian Government under the authority granted by the Extradition Act 1988, with the primary policy objective being to enhance international cooperation in the fight against crime by streamlining the extradition process and ensuring that it is conducted in a manner that is fair and consistent with international obligations. These regulations came into effect on 2 July 2010, and have since been amended to refine the procedural aspects of extradition between Australia and the Cook Islands.
Scope and Application
The Extradition (Cook Islands) Regulations 2010 are legislative instruments made under the Extradition Act 1988, which apply to the Cook Islands as an extradition country. These regulations establish the framework for extradition between Australia and the Cook Islands, modifying the application of the Extradition Act to accommodate the specific circumstances of the Cook Islands. For instance, the Act applies in relation to the Cook Islands as if a reference to 45 days in section 17(2)(a) of the Act were a reference to 60 days. These regulations came into force on 2 July 2010 and were subsequently amended by Select Legislative Instrument 2012 No. 210, which was registered on 3 September 2012 and commenced on 20 September 2012. The Cook Islands is declared to be an extradition country under these regulations, thereby facilitating the process of extraditing individuals wanted for criminal offences between the two jurisdictions.
Key Provisions
The Extradition (Cook Islands) Regulations 2010 (F2010L01750) (Regulations) are subsidiary legislation made under the Extradition Act 1988 (Act). These Regulations primarily establish the Cook Islands as an extradition country (Regulation 4) and modify the application of the Act to the Cook Islands (Regulation 6). Regulation 4 declares the Cook Islands as an extradition country, aligning with the definition in section 5 of the Act. This declaration is crucial for enabling the extradition of individuals between Australia and the Cook Islands for criminal proceedings or the enforcement of a sentence. Regulation 6 modifies the Act’s application to the Cook Islands by extending the time limit for the Australian Minister for Foreign Affairs to consider a request for extradition from 45 days to 60 days, as stated in section 11 of the Act.
The Regulations impose specific obligations and requirements on the parties involved in the extradition process. For instance, they mandate that any request for extradition from the Cook Islands must be made in accordance with the provisions of the Act, ensuring that all procedural requirements are met. Additionally, the Regulations necessitate that the Australian Minister for Foreign Affairs must consider the request within the specified time frame, which has been extended to 60 days for the Cook Islands. This modification aims to provide a reasonable period for the Minister to assess the request and decide on the extradition process. Furthermore, the Regulations require the Cook Islands to adhere to the same standards and procedures as other extradition countries under the Act, ensuring consistency and fairness in the extradition process.
The Extradition (Cook Islands) Regulations 2010 also outline potential consequences for breaches of the Act or the Regulations. While the Regulations themselves do not specify particular offences, breaches of the Act can lead to significant legal repercussions. Under the Act, any person who fails to comply with the provisions of the Act or the Regulations may be subject to penalties, including fines and imprisonment. For instance, section 18 of the Act provides for penalties for offences related to extradition, which can include fines of up to $12,600 and imprisonment for up to five years. These penalties underscore the importance of adhering to the legal framework governing extradition between Australia and the Cook Islands, ensuring that the process is conducted lawfully and fairly.