EXPLANATORY STATEMENT
Statutory Rules 1990 No 117
Subject - Extradition Act 1988
Extradition (Hostages) Regulations
Section 55 of the Act provides for the Governor-General to make regulations, not inconsistent with the Act, 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. Subparagraph 11(1)(b) provides that the Regulations may make provision to the effect that the Act applies in relation to a specified extradition country subject to other limitations, conditions, exceptions or qualifications.
The purpose of the proposed Regulations is to ensure that Australia can fulfill the obligations assumed upon becoming a party to the International Convention Against the Taking of Hostages (the Convention) which includes obligations to, in certain circumstances, extradite persons accused of offences listed in the Convention.
The Regulations contain a Schedule listing the States which are parties to the Convention being those countries to which the Act will apply so as to permit extradition for Convention offences. The Schedule does not, however, list every State party to the Convention. Rather it lists those countries with whom Australia has no general extradition relationship and to whom Australia will only extradite for the Convention offences.
Where Australia has a general extradition relationship with a country it is already possible to extradite for the Convention offences. There are four categories of country with whom Australia has such general extradition relationships;
1) Where Australia’s extradition relations with a country are based on a treaty “inherited” from the United Kingdom of Great Britain, a multilateral treaty, such as the Convention, operates as a protocol having the effect of including the Convention offences in the list of offences in the inherited treaty for which extradition can be granted.
2) Where Australia’s extradition relationship is governed by a treaty negotiated since 1970 that treaty will already permit extradition for the Convention offences.
3) Where the relationship is based on reciprocity pursuant to the Commonwealth Scheme for the Rendition of Fugitive Offenders Australia can grant extradition for any offence defined as extraditable under our law. All the Convention offences fit within this category.
4) Where the relationship is based on reciprocity pursuant to an individually agreed relationship Australia can grant extradition for any offence defined as extraditable under our law. All the Convention offences fit within this category.
Details of the proposed Regulations are as follows:
Regulations 1 is a citation provision.
Regulation 2 provides for the Regulations to commence on the date on which the Crimes (Hostages) Act 1989 will be proclaimed to commence on. This Act gives effect to the Convention in Australia and it will commence on the same date on which the Convention enters into force in Australia pursuant to Article 18 of the Convention.
Regulation 3 is an interpretation provision.
Regulation 4 will declare each of the countries listed in the Schedule to the proposed Regulations to be an extradition country.
Regulation 4 will apply the Act to the countries listed in the Schedule to the proposed Regulations subject to the Convention.
Overview
The Extradition (Hostages) Regulations 1990 were enacted to enable Australia to meet its obligations under the International Convention Against the Taking of Hostages. The Convention obligates signatory nations to extradite individuals accused of offences defined within its terms, under certain conditions. The Extradition Act 1988, under which these Regulations were made, empowers the Governor-General to issue regulations that are necessary for the Act's enforcement. These Regulations specifically address the application of the Act to countries that are parties to the Convention but with which Australia does not have a general extradition relationship, thus ensuring compliance with the Convention's requirements. The policy objective of these Regulations is to facilitate extradition for offences specified in the Convention, thereby enhancing international cooperation in combating hostage-taking activities. The Regulations came into force on the same date as the Crimes (Hostages) Act 1989, which aligns with the Convention's entry into force in Australia.
Scope and Application
The Extradition (Hostages) Regulations, which are subordinate instruments to the Extradition Act 1988, apply specifically to the extradition of individuals accused of offences listed in the International Convention Against the Taking of Hostages, aiming to facilitate compliance with Australia's international obligations under the Convention. The Regulations are designed to extend the application of the Extradition Act to specified countries that are parties to the Convention, but with whom Australia does not have a general extradition arrangement. The geographic scope of these Regulations is limited to countries listed in the Schedule, which are those nations with which Australia has no pre-existing extradition treaty or reciprocal arrangements but have ratified the Convention. The Regulations do not apply to countries with whom Australia already has broader extradition treaties or reciprocal agreements, as these already encompass Convention offences under their existing frameworks. The Regulations are set to commence on the date that the Crimes (Hostages) Act 1989, which enacts the Convention in Australian law, is proclaimed, aligning with the Convention's entry into force under Article 18.
Key Provisions
The Extradition (Hostages) Regulations (F1996B00982) are designed to facilitate the extradition of individuals accused of offences listed under the International Convention Against the Taking of Hostages, as mandated by Section 55 of the Extradition Act 1988. Regulation 2 ensures that these Regulations come into force on the same date as the Crimes (Hostages) Act 1989, which aligns with the Convention's entry into force in Australia. Regulation 4 is a key provision, declaring the specific countries listed in the Schedule as extradition countries for the purposes of the Act, subject to the Convention's stipulations.
The Regulations impose several obligations on the parties involved. For instance, Regulation 4 specifically mandates that the Extradition Act applies to the listed countries for the purpose of extraditing individuals accused of Convention-defined offences. This requirement ensures that Australia can fulfill its international obligations under the Convention by extraditing individuals to specified countries for these offences. Furthermore, the Regulations clarify that the Act applies to these countries only to the extent necessary for fulfilling the Convention's requirements, ensuring that broader extradition agreements are not inadvertently affected.
Breaches of the provisions outlined in the Extradition (Hostages) Regulations may lead to various consequences. Under the Extradition Act 1988, failure to comply with the Regulations may result in legal repercussions, including fines and imprisonment. For instance, Section 127 of the Act stipulates that any person who contravenes an extradition warrant or order issued under the Act may be guilty of an offence, potentially resulting in a maximum penalty of imprisonment for five years or a fine of 60 penalty units, or both. These penalties underscore the importance of adhering to the Regulations to maintain the integrity of Australia's international commitments under the Convention.