EXPLANATORY STATEMENT
Subject - Extradition Act 1988
Extradition (Federal Republic of Germany) Regulations (Amendment)
Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Extradition (Federal Republic of Germany) Regulations, being Statutory Rules 1988 No. 302 (1988 Regulations), apply the Act to the Federal Republic of Germany subject to certain limitations. The 1988 Regulations are an interim measure pending the commencement of the Extradition (Federal Republic of Germany) Regulations, being Statutory Rules 1990 No. 134 (1990 Regulations) which apply the Act to the Federal Republic of Germany subject to the Treaty between Australia and the Federal Republic of Germany concerning Extradition (the Treaty).
Following the ratification of the Treaty by the Federal Republic of Germany, the 1990 Regulations were made and, subsequently to that, formal instruments of ratification were exchanged between Australia and the Federal Republic of Germany. These procedures will result in the Treaty commencing on 1 August 1990. Consequently, the 1988 Regulations are repealed as from that date.
The Extradition (Federal Republic of Germany) Regulations (Amendment) (the proposed Regulations) amend the 1990 Regulations, so that on their date of commencement they repeal the 1988 Regulations.
Details of the Regulations are as follows:
Clause 1 provides that the Regulations amend the 1990 Regulations.
Clause 2 inserts a new regulation 6 into the 1990 Regulations. This new Regulation repeals the 1988 Regulations as from the commencement of the 1990 Regulations - that is, 1 August 1990.