Extradition (Hashemite Kingdom of Jordan) Regulations 2002 2002 No. 187
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 187
Issued by the Authority of the Minister for Justice and Customs
Extradition Act 1988
Extradition (Hashemite Kingdom of Jordan) Regulations 2002
Section 55 of the Extradition Act 1988 ('the Act') provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act. The definition of 'extradition country' in paragraph 5(a) of the Act provides that a country may be declared by the regulations to be an extradition country. Paragraph 11(1)(b) provides that the regulations may make provision for application of the Act subject to limitations, conditions, exceptions or qualifications. Subsection 11(2) states that this reference to limitations, conditions, exceptions or qualifications includes modification to the effect that a number of days greater or lesser than the 45 days referred to in paragraph 17(2)(a) applies for the purposes of that paragraph.
The Regulations provide that the Hashemite Kingdom of Jordan ('Jordan') is an extradition country. The Regulations will enable Australia to deal with any extradition request received from Jordan. Jordan will not be able to grant extradition to Australia until further arrangements, such as an extradition treaty, have been concluded.
Extradition under the Regulations operates in accordance with the Act, subject to the modification of paragraph 17(2)(a) whereby a person arrested may apply to, a magistrate for release after 60 days if a request for his or her extradition has not been received. The standard period under the Act is 45 days. Modification to apply a 60 day period is common and has been included, for example, in extradition agreements with Brazil, Chile, Hungary, Mexico, Paraguay, South Korea, the United States and Venezuela.
The Act applies the modem 'no evidence' extradition procedure. Under this procedure countries are not required to present evidence establishing a prima facie case against the person sought.
Extradition under the Regulations is subject to the various safeguards set out in the Act. For example, extradition is not permitted where the fugitive is sought for or in connection with her or his race, religion, nationality or political opinions or is to be tried, sentenced or detained for a political or military offence. Extradition must be refused where the fugitive could be liable to the death penalty, unless an undertaking is given that the death penalty will not be imposed or, if imposed, will not be carried out. In addition, the Attorney-General retains a broad discretion to refuse an extradition request by Jordan in any particular case.
This action is consistent with the provisions of the Act. Similar 'non-treaty regulations' based on reciprocity currently provide that the Act applies to Denmark, Estonia, Iceland, Japan, Latvia, the Marshall Islands, and Thailand.
Details of the Regulations are as follows:
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 defines terms used in the Regulations.
Regulation 4 declares Jordan to be an extradition country.
Regulation 5 applies the Act to Jordan subject to the modification of the period nominated in paragraph 17(2)(a) from 45 days to 60 days.
Overview
The Extradition (Hashemite Kingdom of Jordan) Regulations 2002, made under the Extradition Act 1988, were enacted to facilitate the extradition process between Australia and the Hashemite Kingdom of Jordan. This legislation was introduced to address the need for a legal framework to handle extradition requests from Jordan, a country that does not yet have a formal extradition treaty with Australia. The regulations allow Australia to receive and process extradition requests from Jordan, while Jordan will be unable to issue such requests to Australia until further bilateral arrangements, such as an extradition treaty, are established. The policy objective is to ensure that extradition processes are conducted under the safeguards and procedures outlined in the Extradition Act 1988, including adherence to the "no evidence" extradition procedure and maintaining strict conditions and exceptions to protect the rights of the individuals involved. The regulations were issued by the Minister for Justice and Customs, ensuring alignment with the overarching framework of the Extradition Act.
Scope and Application
The Extradition (Hashemite Kingdom of Jordan) Regulations 2002 (F2002B00184) implement the Extradition Act 1988 by declaring Jordan an extradition country and facilitating the extradition process between Australia and Jordan. These Regulations apply to any person who is subject to an extradition request from Jordan, ensuring that Australia can manage such requests in accordance with the Act. The application of the Act is subject to specific modifications, including extending the period for applying for release from 45 to 60 days. These Regulations ensure that the extradition process operates under the modern 'no evidence' procedure, wherein Australia does not require Jordan to present evidence to establish a prima facie case against the person sought. Extradition is subject to several safeguards, such as not being permitted on the basis of the person’s race, religion, nationality, or political opinions, and it must be refused if the fugitive could face the death penalty unless certain undertakings are provided. The Attorney-General retains a broad discretion to refuse extradition requests in specific cases. The Regulations align with similar non-treaty arrangements currently in place with other countries, including Denmark, Estonia, Iceland, Japan, Latvia, the Marshall Islands, and Thailand.
Key Provisions
The Extradition (Hashemite Kingdom of Jordan) Regulations 2002 (F2002B00184) are a set of rules under the Extradition Act 1988 that enable Australia to process extradition requests from Jordan. Section 5 (subsection 11(1)(b)) of the Extradition Act allows for the modification of certain provisions, including the timeframe for a person arrested under the Act to apply for release if their extradition request has not been received. Regulation 4 declares Jordan to be an extradition country (section 4), and Regulation 5 modifies the application of the Act by allowing an arrested person to apply for release after 60 days instead of the usual 45 days (section 5). This modification is consistent with similar regulations for other countries where extradition treaties have not been concluded.
The Act imposes several obligations on parties involved in the extradition process. For instance, it mandates that extradition requests be processed in accordance with the modern 'no evidence' procedure, which means that Jordan does not need to provide evidence establishing a prima facie case against the person sought (section 11(1)(b)). Additionally, the Act includes several safeguards to protect the rights of individuals, such as prohibiting extradition where the fugitive is sought for reasons related to their race, religion, nationality, or political opinions, or where they may face the death penalty (section 5). The Attorney-General also retains a broad discretion to refuse extradition requests on a case-by-case basis (section 5).
Failure to comply with the provisions of the Act can result in both civil and criminal consequences. While the specific offences and penalties are not detailed in the Regulations, breaches of extradition laws can generally lead to legal actions under the Extradition Act. Penalties may include fines, imprisonment, or other sanctions as determined by the relevant courts. Given the serious nature of extradition and the potential implications for individuals' rights, adherence to the Act's provisions is crucial for all parties involved.