Extradition (Former Yugoslav Republic of Macedonia) Regulations 2009
Select Legislative Instrument 2009 No. 260 as amended
made under the
Extradition Act 1988
This compilation was prepared on 30 October 2009
taking into account amendments up to SLI 2009 No. 281
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 Declaration that the former Yugoslav Republic of Macedonia is an extradition country
5 Application of the Act in relation to the former Yugoslav Republic of Macedonia
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Extradition (Former Yugoslav Republic of Macedonia) Regulations 2009.
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 Declaration that the former Yugoslav Republic of Macedonia is an extradition country
The former Yugoslav Republic of Macedonia is declared to be an extradition country.
5 Application of the Act in relation to the former Yugoslav Republic of Macedonia
For paragraph 11 (1) (b) of the Act, the Act applies to
the former Yugoslav Republic of Macedonia subject to modification of paragraph 17 (2) (a) of the Act by omitting ’45 days’ and substituting ‘60 days’.
Notes to the Extradition (Former Yugoslav Republic of Macedonia) Regulations 2009
Note 1
The Extradition (Former Yugoslav Republic of Macedonia) Regulations 2009 (in force under the Extradition Act 1988) as shown in this compilation comprise Select Legislative Instrument 2009 No. 260 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 |
2009 No. 260 | 13 Oct 2009 (see F2009L03624) | 14 Oct 2009 | |
2009 No. 281 | 29 Oct 2009 (see F2009L04007) | 30 Oct 2009 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2009 No. 281 |
R. 3................. | rs. 2009 No. 281 |
Heading to r. 4.......... | rs. 2009 No. 281 |
R. 4................. | am. 2009 No. 281 |
Heading to r. 5.......... | rs. 2009 No. 281 |
R. 5................. | am. 2009 No. 281 |
Overview
The Extradition (Former Yugoslav Republic of Macedonia) Regulations 2009 were made under the Extradition Act 1988 to address the need for a formal extradition arrangement between Australia and the Former Yugoslav Republic of Macedonia. These regulations were introduced to facilitate the extradition of individuals between the two countries, ensuring that legal processes are followed and rights are protected. The regulations were enacted by the Australian Government and the Attorney-General's Department played a key role in their drafting and publication. The primary policy objective of these regulations is to formalise and streamline the extradition process between Australia and the Former Yugoslav Republic of Macedonia, providing a clear legal framework for the transfer of individuals for the purpose of facing criminal charges or serving sentences.
Scope and Application
The Extradition (Former Yugoslav Republic of Macedonia) Regulations 2009, made under the Extradition Act 1988, apply specifically to the former Yugoslav Republic of Macedonia, which is declared to be an extradition country. These Regulations modify the application of the Extradition Act in relation to this country, particularly adjusting the time frame for the surrender of fugitive persons from the standard 45 days to 60 days as specified in paragraph 17(2)(a) of the Act. The Regulations are applicable to any person who is subject to extradition proceedings between Australia and the former Yugoslav Republic of Macedonia and cover the conduct and transactions necessary for the execution of extradition requests and warrants. The Regulations, which commenced on 14 October 2009, are subject to amendments as indicated in subsequent legislative instruments, with the latest amendment registered on 29 October 2009. There are no stated exclusions or exemptions within the scope of these Regulations, which extend across the Commonwealth of Australia.
Key Provisions
The Extradition (Former Yugoslav Republic of Macedonia) Regulations 2009, made under the Extradition Act 1988, outline the specific provisions governing extradition proceedings between Australia and the Former Yugoslav Republic of Macedonia (FYR Macedonia). The regulations declare FYR Macedonia as an extradition country (regulation 4) and specify how the Extradition Act applies to it (regulation 5). Notably, regulation 5 modifies the timeframe for the Minister to decide on an extradition request from 45 days to 60 days (regulation 5).
The obligations under these regulations primarily concern the Australian government and FYR Macedonia. The Australian government must facilitate the extradition process as outlined in the Extradition Act, with specific adjustments for FYR Macedonia, such as the extended timeframe for ministerial decisions. FYR Macedonia, as an extradition country, must adhere to the extradition process outlined in these regulations and cooperate with Australian authorities in the pursuit of extradition matters. This includes the provision of necessary documentation and evidence to support extradition requests.
Breaches of these regulations could lead to various legal consequences. For Australian officials, failure to adhere to the stipulated timelines or procedures could result in administrative penalties or legal challenges. For individuals, non-compliance with extradition orders could result in criminal charges. The Extradition Act itself outlines potential criminal penalties for those who attempt to evade extradition or resist lawful arrest and extradition. These penalties can include imprisonment, reflecting the seriousness with which the Australian legal system regards compliance with extradition processes.