EXPLANATORY STATEMENT
Statutory Rules 1990 No. 268
Subject - Extradition Act 1988
Extradition (Currency) Regulations
Section 55 of the Extradition Act 1988 (the Act) provides for the Governor-General to make regulations for the purposes of the Act. Paragraph 11(1)(b) provides that the Regulations may make provision to the effect that the Act applies partially or conditionally in relation to a specified extradition country.
The purpose of the Extradition (Currency) Regulations (the proposed Regulations) is to ensure that Australia can fulfill the obligations assumed upon becoming a party to the International Convention for the Suppression of Counterfeiting Currency (the Convention) which includes obligations, in certain circumstances, to extradite persons accused of offences listed in the Convention.
The proposed Regulations contain a Schedule listing the Countries which are parties to the Convention being those countries to which the Act will apply so as to permit extradition for Convention offences. The Schedule does not, however, list every Country party to the Convention. Rather it lists those countries with which Australia has no general extradition relationship and to which Australia will extradite only for the Convention offences.
Where Australia has a general extradition relationship with a country it is already possible to extradite for the Convention offences. There are four categories of country with whom Australia has such general extradition relationships:
1) Where Australia’s extradition relations with a country are based on a treaty “inherited” from the United Kingdom of Great Britain, a multilateral treaty, such as the Convention, operates as a protocol having the effect of including the Convention offences in the list of offences in the inherited treaty for which extradition can be granted.
2) Where Australia’s extradition relationship is governed by a treaty negotiated since 1970 that treaty will already permit extradition for the Convention offences.
3) Where the relationship is based on reciprocity pursuant to the Commonwealth Scheme for the Rendition of Fugitive Offenders Australia can grant extradition for any offence defined as extraditable under our law. All the Convention offences fit within this category.
4) Where the relationship is based on reciprocity pursuant to an individually agreed relationship Australia can grant extradition for any offence defined as extraditable under our law. All the Convention offences fit within this category.
Details of the proposed Regulations are as follows:
Regulation 1 is a citation provision.
Regulation 2 is an interpretation provision.
Regulation 3 will declare each of the countries listed in the Schedule to the proposed Regulations to be an extradition country.
Regulation 4 will apply the Act to the countries listed in the Schedule to the proposed Regulations subject to the Convention.
Overview
The Extradition (Currency) Regulations 1996 were introduced to address the obligations Australia assumed upon becoming a party to the International Convention for the Suppression of Counterfeiting Currency. This legislation, enacted by the Parliament of Australia, aims to facilitate the extradition of individuals accused of counterfeiting currency offences to countries that are also parties to the Convention. The Regulations were made under the authority of Section 55 of the Extradition Act 1988, which allows the Governor-General to create regulations for the purposes of the Act. The primary objective of these Regulations is to ensure that Australia can meet its international commitments by enabling the extradition of persons accused of counterfeiting currency offences to specified countries that are parties to the Convention, while maintaining the existing extradition relationships with other countries.
Scope and Application
The Extradition (Currency) Regulations, made under Section 55 of the Extradition Act 1988, provide the legal framework to facilitate Australia's compliance with the International Convention for the Suppression of Counterfeiting Currency. These regulations apply to specified countries that are parties to the Convention and with which Australia has a limited or no general extradition relationship, thereby allowing extradition for counterfeiting currency offences under the Convention. The Act applies to persons accused of committing counterfeiting currency offences in these listed countries, ensuring that Australia can fulfil its international obligations. The regulations do not apply to countries with which Australia has a broader extradition treaty or arrangement that already includes counterfeiting currency offences. The scope of the Act is further defined through subordinate instruments, which can specify additional conditions or limitations on its application. The Regulations do not list every country party to the Convention but focus on those with which Australia has specific extradition arrangements limited to Convention offences.
Key Provisions
The Extradition (Currency) Regulations are crafted under Section 55 of the Extradition Act 1988, empowering the Governor-General to make regulations that govern the extradition process (Section 55). Specifically, these Regulations aim to ensure that Australia can fulfil its commitments under the International Convention for the Suppression of Counterfeiting Currency (the Convention) by facilitating extradition of individuals accused of offences as outlined in the Convention (Paragraph 11(1)(b)). The primary focus of the Regulations is to specify which countries are eligible for extradition under these particular provisions, as detailed in the Schedule (Regulation 3).
The Regulations impose specific obligations on the parties and entities involved. Regulation 3 declares that the countries listed in the Schedule are considered extradition countries under the Act, permitting extradition for offences related to the Convention. Regulation 4 then applies the Act to these countries, subject to the terms of the Convention. This means that these Regulations are instrumental in delineating the scope of Australia's extradition commitments under the Convention, ensuring that only those countries without a general extradition relationship, or with specific limitations, are included.
Breaches of the Extradition Act 1988 and the Extradition (Currency) Regulations can lead to significant consequences. While the Regulations themselves do not specify particular offences or penalties, violations of the Act could result in criminal or civil liability. For instance, under the Extradition Act, any person who fails to comply with the provisions of the Act or the Regulations can be subject to penalties as stipulated in the Act. Depending on the severity of the breach, penalties can include fines and imprisonment, although the exact penalties would need to be referred to within the broader context of the Extradition Act and associated legal frameworks. Ensuring compliance with these Regulations is thus critical to avoid any legal repercussions.