Extradition (Finland) Regulations (Amendment)

Overview

The Extradition (Finland) Regulations (Amendment) Statutory Rules 1986 No. 32 were issued under the authority of the Attorney-General and enacted to amend the Extradition (Finland) Regulations and align them with the Treaty between Australia and Finland concerning Extradition, which came into force on 23 June 1985 and was later amended by a protocol that took effect on 14 February 1986. These regulations were made pursuant to sub-section 10(1) and section 31 of the Extradition (Foreign States) Act 1966, addressing the legislative gap by ensuring that the Extradition Act applies to Finland in accordance with the terms of the aforementioned treaty and its subsequent amendments. The objective is to facilitate the extradition process between Australia and Finland in a manner that is consistent with the obligations and understandings established by the treaty.

Scope and Application

The Extradition (Finland) Regulations (Amendment) Statutory Rules 1986 No. 32, made under the Extradition (Foreign States) Act 1966, apply to the Commonwealth of Australia and its territories and to Finland, as governed by the Treaty between Australia and Finland concerning Extradition. These regulations amend the existing Extradition (Finland) Regulations to align with the Treaty between the two countries, which came into force on 23 June 1985, and the subsequent Protocol that came into effect on 14 February 1986. The primary focus is on ensuring that the Extradition (Foreign States) Act 1966 is applicable to Finland, thereby facilitating the extradition of individuals wanted for criminal proceedings in one country to be tried in the other, subject to the terms of the Treaty and Protocol. This legislative amendment extends the jurisdictional reach of Australian extradition laws to include Finland, while the application of the Act is confined to the persons and conduct as specified in the Treaty and Protocol between the two nations.

Key Provisions

The Extradition (Finland) Regulations (Amendment) (C2004L04581) amends the existing Extradition (Finland) Regulations to align them with the Treaty between Australia and Finland concerning Extradition. This is done under the authority provided by sub-section 10(1) and section 31 of the Extradition (Foreign States) Act 1966. The primary objective is to ensure that the Extradition (Foreign States) Act 1966 applies to Finland in accordance with the Treaty, which was enacted on 23 June 1985 and further amended by a Protocol that took effect on 14 February 1986. These Regulations impose certain obligations and requirements on the parties involved in the extradition process between Australia and Finland. They ensure that the procedures for requesting and executing extraditions are consistent with the terms of the Treaty. This includes the exchange of formal documents, such as extradition requests and supporting evidence, and the adherence to any specific conditions or procedures outlined in the Treaty. The Regulations also outline the roles and responsibilities of Australian and Finnish authorities in handling extradition matters, ensuring a structured and lawful process. Breaches of the provisions set out in these Regulations can result in legal consequences. The Extradition (Foreign States) Act 1966, along with any relevant state or territory laws, may impose penalties for non-compliance. These could include fines, imprisonment, or other sanctions as prescribed by law. The maximum penalties will depend on the specific nature and severity of the breach, as well as the jurisdiction in which the offence occurred. The precise legal consequences are intended to ensure that the extradition process is conducted in a manner that respects the rights of individuals and upholds the integrity of the international legal framework.