EXPLANATORY STATEMENT
Statutory Rules 1985 No. 55
Issued by the authority of the Attorney-General
EXTRADITION (HIJACKING OF AIRCRAFT) REGULATIONS (AMENDMENT) EXTRADITION (PROTECTION OF AIRCRAFT) REGULATIONS
EXTRADITION (INTERNATIONALLY PROTECTED PERSONS) REGULATIONS
These regulations are made pursuant to sections 10 and 31 of the Extradition (Foreign States) Act 1966.
The Regulations apply the Extradition (Foreign States) Act to all States which are now parties to the Convention for the Suppression of Unlawful Seizure of Aircraft (the “Hague Convention”), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the “Montreal Convention”) and the Convention for the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (the “Internationally Protected Persons Convention”) subject to the terms of the Conventions. The effect of the application is to ensure that Australia may accede to and make requests for extradition for the offences specified in the Conventions by and of countries which are parties to the Conventions.
Article 8 of each of the Conventions in effect enables Australia to use the Convention as the legal basis for extradition in respect of crimes referred to in the Convention. That article also provides that where extradition treaties exist between States parties the offences under the Convention shall be deemed to be included in those treaties.
In cases where Australia has an extradition treaty other than an “inherited” extradition treaty with a State Party to the Convention the Regulations applying the Act to that State subject to the Treaty will be amended separately to apply the Act to that State subject to the treaty and the Convention.
Overview
The Extradition (Hijacking of Aircraft) Regulations (Amendment), Extradition (Protection of Aircraft) Regulations and Extradition (Internationally Protected Persons) Regulations were enacted in 1985 under the authority of the Attorney-General to amend the Extradition (Foreign States) Act 1966. These regulations were introduced to address the need for Australia to align its extradition processes with international conventions aimed at combating specific crimes such as the unlawful seizure of aircraft, unlawful acts against the safety of civil aviation, and crimes against internationally protected persons. This alignment ensures that Australia can request and grant extradition for these specified offences from and to countries that are parties to the Hague Convention, Montreal Convention, and Internationally Protected Persons Convention. The policy objective is to facilitate effective international cooperation in the fight against these serious crimes, ensuring that Australia's legal framework supports the global efforts to maintain aviation safety and protect high-profile individuals.
Scope and Application
The Extradition (Hijacking of Aircraft) Regulations (Amendment), the Extradition (Protection of Aircraft) Regulations, and the Extradition (Internationally Protected Persons) Regulations are designed to implement the Extradition (Foreign States) Act 1966 in relation to specific international conventions aimed at ensuring the safety and security of civil aviation and the protection of internationally protected persons. These regulations apply to all States that are parties to the Hague Convention for the Suppression of Unlawful Seizure of Aircraft, the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, and the Convention for the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. The scope of the regulations is broad, encompassing individuals and entities involved in offences specified in these conventions, thereby facilitating extradition for such crimes. The geographic reach of these regulations is national, extending to any state party to the relevant conventions, and they are subject to the terms and conditions outlined within the conventions themselves. While the regulations provide a framework for extradition, any specific amendments or applications to particular treaties may be addressed through subordinate instruments.
Key Provisions
The main operative sections of these regulations, as specified in section 10 and 31 of the Extradition (Foreign States) Act 1966, facilitate the application of the Act to various international conventions. Specifically, section 10 enables the application of the Act to the Hague Convention for the Suppression of Unlawful Seizure of Aircraft, the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, and the Internationally Protected Persons Convention for the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. These sections allow Australia to request extradition for the specified offences from countries that are party to these conventions, ensuring consistency and legal basis for such requests.
The obligations imposed by these regulations on parties and entities include the necessity to adhere to the terms of the Hague, Montreal, and Internationally Protected Persons Conventions. This entails recognising the specified offences as extraditable crimes and ensuring that any extradition requests made by Australia are processed in accordance with these conventions. Additionally, these regulations impose a duty on the relevant authorities to facilitate the extradition process by providing necessary documentation and legal support to comply with international obligations.
In terms of consequences for non-compliance, these regulations do not explicitly detail specific offences, penalties, or civil/criminal consequences within the text provided. However, given the nature of the conventions and the Extradition (Foreign States) Act, failure to comply with these regulations could potentially lead to legal challenges, diplomatic tensions, or the refusal of extradition requests. Although the text does not specify maximum penalties, breaches of international conventions and failure to adhere to extradition agreements could result in significant legal and diplomatic repercussions for the non-compliant party.